Mnqayane v Miya and Another (3342/2018) [2020] ZAFSHC 147 (2 July 2020)

Mnqayane v Miya and Another (3342/2018) [2020] ZAFSHC 147 (2 July 2020)

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The evidence and credibility of the respondent and her witnesses were preferred over those of the applicant. The customs relating to the handing over of the bride were sufficiently observed, and the Supreme Court of Appeal's decision in Mbungela and Another v Mkabi and Others is binding and directly applicable. The applicant did not establish any compelling reason for the appeal to be heard under section 17(1)(a)(ii) of the Superior Courts Act. Consequently, the application for leave to appeal was dismissed as lacking merit.

Citation
[2020] ZAFSHC 147
Parties
Applicant: Sikholwanguye Maxin Mnqayane; Respondent: Johannah Mmamoeketsi Miya; Respondent: Department of Home Affairs
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
2 July 2020
Case Number
3342/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 3 February 2020.
Outcome
Application for leave to appeal dismissed with costs.
Judges
Naidoo
Legal Topics
Customary Marriage, Leave to Appeal Test, Handing Over of Bride, Superior Courts Act Section 17
Family and Children Civil Procedure Customary Marriage Leave to Appeal Test Handing Over of Bride Superior Courts Act Section 17

Case Brief

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Parties

Sikholwanguye Maxin Mnqayane

Applicant

Johannah Mmamoeketsi Miya

Respondent

Department of Home Affairs

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 3 February 2020.

Legal Issues

  1. 1 Whether leave to appeal should be granted on the basis of reasonable prospects of success.
  2. 2 Whether the dispute regarding the handing over of the bride in a customary marriage constitutes a compelling reason for appeal under section 17(1)(a)(ii) of the Superior Courts Act.

Ratio Decidendi

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The evidence and credibility of the respondent and her witnesses were preferred over those of the applicant. The customs relating to the handing over of the bride were sufficiently observed, and the Supreme Court of Appeal's decision in Mbungela and Another v Mkabi and Others is binding and directly applicable. The applicant did not establish any compelling reason for the appeal to be heard under section 17(1)(a)(ii) of the Superior Courts Act. Consequently, the application for leave to appeal was dismissed as lacking merit.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.