Molokane v Williams and Others (2015/12381) [2023] ZAGPJHC 1210 (24 October 2023)

Molokane v Williams and Others (2015/12381) [2023] ZAGPJHC 1210 (24 October 2023)

The court found, on the balance of probabilities, that both the applicant and the first respondent had valid customary marriages with the deceased, each complying with the requirements of section 3 of the Recognition of Customary Marriages Act. The evidence supporting the first respondent's marriage was coherent and corroborated by multiple witnesses and documentary proof of lobola negotiations and ceremonies. The applicant's evidence was found unreliable and inconsistent with her affidavit. As the second marriage was not sanctioned by the court in terms of section 7(6), it is valid but out of community of property. The appointment of the applicant as executrix must be withdrawn, and the...

Citation
[2023] ZAGPJHC 1210
Parties
Applicant: Mpho Portia Molokane; Respondent: Rosy Williams; Respondent: Mapule Morake; Respondent: Jacob Dikgobe; Respondent: Jerry Bokabe; Respondent: Mike Motlhale; Respondent: The Minister of Home Affairs; Respondent: The Master of the High Court
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
24 October 2023
Case Number
2015/12381
Procedural Posture
Review Application / Oral Evidence Following Referral From Motion Court
Outcome
Both marriages declared valid; second marriage out of community of property; appointment of applicant as executrix withdrawn; Master to reconsider appointment; no order as to costs.
Judges
P.H. Malungana
Legal Topics
Recognition of Customary Marriages Act, Polygamous Customary Marriage, Marital Regime, Registration of Customary Marriage, Appointment of Executrix
Family and Children Recognition of Customary Marriages Act Polygamous Customary Marriage Marital Regime Registration of Customary Marriage Appointment of Executrix

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Parties

Mpho Portia Molokane

Applicant

Rosy Williams

Respondent

Mapule Morake

Respondent

Jacob Dikgobe

Respondent

Jerry Bokabe

Respondent

Mike Motlhale

Respondent

The Minister of Home Affairs

Respondent

The Master of the High Court

Respondent

Procedural Posture

Review Application / Oral Evidence Following Referral From Motion Court

Legal Issues

  1. 1 Whether the customary marriage between Rosy Williams and the deceased was validly concluded.
  2. 2 Whether the customary marriage between Mpho Portia Molokane and the deceased was validly concluded.
  3. 3 What marital regime applies to each marriage under the Recognition of Customary Marriages Act.

Ratio Decidendi

The court found, on the balance of probabilities, that both the applicant and the first respondent had valid customary marriages with the deceased, each complying with the requirements of section 3 of the Recognition of Customary Marriages Act. The evidence supporting the first respondent's marriage was coherent and corroborated by multiple witnesses and documentary proof of lobola negotiations and ceremonies. The applicant's evidence was found unreliable and inconsistent with her affidavit. As the second marriage was not sanctioned by the court in terms of section 7(6), it is valid but out of community of property. The appointment of the applicant as executrix must be withdrawn, and the...

Court Disposition

Both marriages declared valid; second marriage out of community of property; appointment of applicant as executrix withdrawn; Master to reconsider appointment; no order as to costs.

Orders

  • The customary marriage between the applicant and Alfred Mohlale is declared valid.
  • The customary marriage between the first respondent and Alfred Mohlale is declared valid.