Molema v Matabologa (10751/2000) [2020] ZAGPPHC 396 (5 August 2020)

Molema v Matabologa (10751/2000) [2020] ZAGPPHC 396 (5 August 2020)

The court found that although the judgment raised a novel issue regarding the waiver of ownership rights in immovable property, the applicant did not demonstrate reasonable prospects of success in overturning the judgment. The applicant failed to provide reasoning for the significant delay in seeking variation of the divorce decree. However, due to the novelty of the legal issue and the divergence of academic opinion, the court held that a compelling reason existed for the appeal to be heard by a full court.

Citation
[2020] ZAGPPHC 396
Parties
Applicant: MB Molema; Respondent: WM Matabologa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 August 2020
Case Number
10751/2000
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Dated 20 March 2020.
Outcome
Leave to appeal is granted to a full court of this Division. No order as to costs for the application for leave to appeal.
Judges
M Van Staden
Legal Topics
Waiver of Ownership, Leave to Appeal, Variation of Divorce Decree, Condonation for Late Filing
Land and Property Civil Procedure Waiver of Ownership Leave to Appeal Variation of Divorce Decree Condonation for Late Filing

Case Brief

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Parties

MB Molema

Applicant

WM Matabologa

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Dated 20 March 2020.

Legal Issues

  1. 1 Whether the applicant's appeal has reasonable prospects of success as contemplated in section 17(1)(a)(i) of the Superior Courts Act.
  2. 2 Whether there is a compelling reason for the appeal to be heard as contemplated in section 17(1)(a)(ii) of the Superior Courts Act.
  3. 3 Whether ownership rights in immovable property can be waived under South African law.

Ratio Decidendi

The court found that although the judgment raised a novel issue regarding the waiver of ownership rights in immovable property, the applicant did not demonstrate reasonable prospects of success in overturning the judgment. The applicant failed to provide reasoning for the significant delay in seeking variation of the divorce decree. However, due to the novelty of the legal issue and the divergence of academic opinion, the court held that a compelling reason existed for the appeal to be heard by a full court.

Court Disposition

Leave to appeal is granted to a full court of this Division. No order as to costs for the application for leave to appeal.

Orders

  • Leave to appeal is granted to a full court of the Gauteng Division, Pretoria.
  • There is no order regarding the costs of the application for leave to appeal.