Monyepao v Ledwaba and Others (1368/18) [2020] ZASCA 54 (27 May 2020)

Monyepao v Ledwaba and Others (1368/18) [2020] ZASCA 54 (27 May 2020)

The court found that there was no factual or legal basis for declaring the customary marriage between Ms Ledwaba and Mr Phago dissolved in February 2008, as no decree of divorce had been issued in terms of the Recognition of Customary Marriages Act. The subsequent civil marriage between Ms Ledwaba and Mr Kwele was a nullity and did not affect the validity of her customary marriage to Mr Phago. The relief sought for forfeiture of marital benefits was incompetent, as such an order can only be made in divorce proceedings between parties to the marriage, not by a third party or in non-divorce proceedings. The request to award immovable property to the minor child and to remove Ms Ledwaba as...

Citation
[2020] ZASCA 54
Parties
Appellant: Matsatsi Dinah Tiny Monyepao; Respondent: Mokgaetji Maria Ledwaba; Respondent: Master of the High Court, Polokwane; Respondent: Elmarie Bierman; Respondent: Matuba Maponya
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 May 2020
Case Number
1368/18
Procedural Posture
Civil Appeal / Appeal From the Limpopo Division of the High Court, Polokwane
Outcome
Appeal dismissed with costs; special orders regarding condonation and costs of record.
Judges
Petse, Saldulker, Plasket, Nicholls, Koen
Legal Topics
Customary Marriage, Forfeiture of Marital Benefits, Intestate Succession, Condonation of Late Filing
Family and Children Civil Procedure Customary Marriage Forfeiture of Marital Benefits Intestate Succession Condonation of Late Filing

Case Brief

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Parties

Matsatsi Dinah Tiny Monyepao

Appellant

Mokgaetji Maria Ledwaba

Respondent

Master of the High Court, Polokwane

Respondent

Elmarie Bierman

Respondent

Matuba Maponya

Respondent

Procedural Posture

Civil Appeal / Appeal From the Limpopo Division of the High Court, Polokwane

Legal Issues

  1. 1 Whether the customary marriage between Ms Ledwaba and Mr Phago was dissolved in February 2008.
  2. 2 Whether Ms Ledwaba's civil marriage to Mr Kwele invalidated her customary marriage to Mr Phago.
  3. 3 Whether Ms Ledwaba should forfeit the benefits of her marriage to Mr Phago.

Ratio Decidendi

The court found that there was no factual or legal basis for declaring the customary marriage between Ms Ledwaba and Mr Phago dissolved in February 2008, as no decree of divorce had been issued in terms of the Recognition of Customary Marriages Act. The subsequent civil marriage between Ms Ledwaba and Mr Kwele was a nullity and did not affect the validity of her customary marriage to Mr Phago. The relief sought for forfeiture of marital benefits was incompetent, as such an order can only be made in divorce proceedings between parties to the marriage, not by a third party or in non-divorce proceedings. The request to award immovable property to the minor child and to remove Ms Ledwaba as...

Court Disposition

Appeal dismissed with costs; special orders regarding condonation and costs of record.

Orders

  • The appellant is granted condonation for the late filing of the record. The appeal is re-instated.
  • The first respondent's application for condonation for the late filing of her notice of cross-appeal is dismissed.