Molefe NO v Director General Home Affairs and Others (46248/12) [2013] ZAGPPHC 442 (8 November 2013)

Molefe NO v Director General Home Affairs and Others (46248/12) [2013] ZAGPPHC 442 (8 November 2013)

The court held that the applicant was seeking to review an administrative decision taken by the first respondent regarding the registration of a customary marriage. In the absence of the record and reasons for registration, it would be impossible to objectively review the action complained of. The applicant was required to comply with Rule 53 of the Rules of Court, which mandates obtaining the record and reasons from the registering officer. Both the applicant and the second respondent were granted leave to supplement their affidavits after receipt of the reasons. The applicant was ordered to pay the second respondent's wasted costs for the hearing on 3 October 2013.

Citation
[2013] ZAGPPHC 442
Parties
Applicant: Eva Mangetane Molefe NO; Respondent: Director General Home Affairs; Respondent: Josephina N Dipee; Respondent: Master of the High Court (Polokwane)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 November 2013
Case Number
46248/12
Procedural Posture
Review Application / Preliminary Order; Directions for Compliance With Rule 53
Outcome
Application postponed for compliance with Rule 53; directions issued for further conduct.
Judges
Tlhapi V.V
Legal Topics
Customary Marriage Registration, Review of Administrative Action, Inheritance Rights, Rule 53 Procedure
Administrative Law Family and Children Customary Marriage Registration Review of Administrative Action Inheritance Rights Rule 53 Procedure

Case Brief

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Parties

Eva Mangetane Molefe NO

Applicant

Director General Home Affairs

Respondent

Josephina N Dipee

Respondent

Master of the High Court (Polokwane)

Respondent

Procedural Posture

Review Application / Preliminary Order; Directions for Compliance With Rule 53

Legal Issues

  1. 1 Whether the registration of the customary marriage between the deceased and the second respondent was ultra vires and should be set aside.
  2. 2 Whether the applicant was required to comply with Rule 53 of the Rules of Court in seeking review of the administrative action.
  3. 3 Whether the applicant and second respondent are entitled to supplement their affidavits after obtaining the record and reasons for registration.

Ratio Decidendi

The court held that the applicant was seeking to review an administrative decision taken by the first respondent regarding the registration of a customary marriage. In the absence of the record and reasons for registration, it would be impossible to objectively review the action complained of. The applicant was required to comply with Rule 53 of the Rules of Court, which mandates obtaining the record and reasons from the registering officer. Both the applicant and the second respondent were granted leave to supplement their affidavits after receipt of the reasons. The applicant was ordered to pay the second respondent's wasted costs for the hearing on 3 October 2013.

Court Disposition

Application postponed for compliance with Rule 53; directions issued for further conduct.

Orders

  • The applicant is ordered to obtain the record and reasons for registration of the customary marriage from the first respondent.
  • The applicant is granted leave to amend her notice of motion to comply with Rule 53.