Pataki v Heasley NO and Others (2664/2012) [2013] ZAECPEHC 14 (5 March 2013)

Pataki v Heasley NO and Others (2664/2012) [2013] ZAECPEHC 14 (5 March 2013)

The court found that the applicant's marriage to the deceased was contracted out of community of property, as evidenced by the original marriage certificate and the provisions of section 22(6) of the Black Administration Act. The repeal of the Act did not operate retrospectively to alter the property regime of marriages entered into before 1988. The applicant and her husband did not take any legal steps to change their matrimonial property regime under the Matrimonial Property Act. The applicant's constitutional argument was rejected, as the legislative intent was not to automatically convert existing marriages out of community of property into marriages in community of property. The...

Citation
[2013] ZAECPEHC 14
Parties
Applicant: Blossom Nontyatyambo Pakati; Respondent: Teresa Heasley N.O. (substituted by Karen Lotter N.O.); Respondent: Nwabisa Olga Pakati; Respondent: Patience Nomonde Pakati; Respondent: Sandile Professor Pakati; Respondent: The Master of the High Court
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
5 March 2013
Case Number
2664/2012
Procedural Posture
Civil Application / Judgment on Application for Declaratory Relief Regarding Matrimonial Property Regime
Outcome
Application dismissed with costs.
Judges
E Revelas
Legal Topics
Matrimonial Property Regime, Black Administration Act, Declaratory Relief, Costs Order
Family and Children Civil Procedure Matrimonial Property Regime Black Administration Act Declaratory Relief Costs Order

Case Brief

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Parties

Blossom Nontyatyambo Pakati

Applicant

Teresa Heasley N.O. (substituted by Karen Lotter N.O.)

Respondent

Nwabisa Olga Pakati

Respondent

Patience Nomonde Pakati

Respondent

Sandile Professor Pakati

Respondent

The Master of the High Court

Respondent

Procedural Posture

Civil Application / Judgment on Application for Declaratory Relief Regarding Matrimonial Property Regime

Legal Issues

  1. 1 Whether the applicant's marriage to the deceased was in community of property.
  2. 2 Whether the repeal of the Black Administration Act retrospectively changed the matrimonial property regime of marriages contracted before 1988.
  3. 3 Whether the applicant is entitled to half of the joint estate consequent upon her marriage to the deceased.

Ratio Decidendi

The court found that the applicant's marriage to the deceased was contracted out of community of property, as evidenced by the original marriage certificate and the provisions of section 22(6) of the Black Administration Act. The repeal of the Act did not operate retrospectively to alter the property regime of marriages entered into before 1988. The applicant and her husband did not take any legal steps to change their matrimonial property regime under the Matrimonial Property Act. The applicant's constitutional argument was rejected, as the legislative intent was not to automatically convert existing marriages out of community of property into marriages in community of property. The...

Court Disposition

Application dismissed with costs.

Orders

  • The first respondent is substituted by Karen Lotter N.O. (in re The Estate of the late Sobantu Cussel Curnick Pakati Estate no. 6822/2011).
  • The application is dismissed.