Yawa and Others v Tsoeute (4286/2019) [2020] ZAFSHC 225 (27 November 2020)

Yawa and Others v Tsoeute (4286/2019) [2020] ZAFSHC 225 (27 November 2020)

The court found that the applicants did not demonstrate reasonable prospects of success on appeal. The grounds advanced were a repetition of arguments already considered and rejected in the main judgment. The Supreme Court of Appeal has clarified that strict compliance with all customary rituals is not required for...

Source-derived case information.

Citation
[2020] ZAFSHC 225
Parties
Applicant: Xolile Macdonald Yawa; Applicant: Thembani Yawa; Applicant: Nonguyo Yawa; Applicant: Master of the Free State High Court; Applicant: C. Crown (Sheriff Welkom); Respondent: Matlakala Maria Tsoeute
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
27 November 2020
Case Number
4286/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment Delivered on 6 March 2020
Outcome
Leave to appeal is dismissed with costs against the first, second, and third applicants. The order regarding the return of assets is corrected to direct the Sheriff to return property to the respondent.
Judges
Chesiwe
Legal Topics
Recognition of Customary Marriage, Leave to Appeal, Superior Courts Act, Lobola Negotiations, Executor Appointment
Family and Children Civil Procedure Recognition of Customary Marriage Leave to Appeal Superior Courts Act Lobola Negotiations Executor Appointment

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Parties

Xolile Macdonald Yawa

Applicant

Thembani Yawa

Applicant

Nonguyo Yawa

Applicant

Master of the Free State High Court

Applicant

C. Crown (Sheriff Welkom)

Applicant

Matlakala Maria Tsoeute

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment Delivered on 6 March 2020

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against the judgment regarding the validity of a customary marriage.
  2. 2 Whether the respondent should be appointed as executor of the deceased estate.
  3. 3 Whether the original order incorrectly referred to the Master instead of the Sheriff regarding the return of assets.

Ratio Decidendi

The court found that the applicants did not demonstrate reasonable prospects of success on appeal. The grounds advanced were a repetition of arguments already considered and rejected in the main judgment. The Supreme Court of Appeal has clarified that strict compliance with all customary rituals is not required for a valid customary marriage if the essential requirements, especially spousal consent, are met. The threshold for granting leave to appeal has been raised by the Superior Courts Act, and the applicants failed to meet this standard. The court also corrected an error in the original order, clarifying that the Sheriff, not the Master, should return the assets to the applicant.

Court Disposition

Leave to appeal is dismissed with costs against the first, second, and third applicants. The order regarding the return of assets is corrected to direct the Sheriff to return property to the respondent.

Orders

  • The application for leave to the Supreme Court of Appeal or, alternatively, the full bench of this division is dismissed with costs against the first, second, and third applicants.
  • The fifth respondent (C Brown, Sheriff Welkom) is directed to return all property removed from the possession of the applicant (Ms Matlakala Maria Tsoeute) on 9 July 2019 back to the respondent in the leave to appeal application.