South Africa Case Law

Nyamukamadi Mukumela Denga (Mabirimisa) & Others v Mabirimisa Tshililo Arnold N N O & Others (1296/2021)

Nyamukamadi Mukumela Denga (Mabirimisa) & Others v Mabirimisa Tshililo Arnold N N O & Others (1296/2021) [2022] ZASCA 148 (31 October 2022)

Court

Supreme Court of Appeal

Case number

1296/2021

Judges

Van der Merwe, Molemela, Hughes, Daffue, Chetty

The Supreme Court of Appeal held that the estate of the late Mudzielwana Josiah Denga Mabirimisa was reported and administered under the Black Administration Act in 1998. The existence of a settlement agreement, made an order of court by the Magistrate, and evidence of payments to the appellants' trust, supported the respondents' version that the estate was finalised. The appellants failed to provide sufficient grounds to challenge the validity or effectiveness of the settlement agreement or the Magistrate's order. The repeal of the Black Administration Act did not retrospectively require est…

Source excerpt

• Administration Of Deceased Estates
• Customary Law Of Succession
• Black Administration Act
• Settlement Agreement
• Finalisation Of Estate

Molefe and Others v The Executor: Estate Late Edgar Molefe and Others (4884/2021)

Molefe and Others v The Executor: Estate Late Edgar Molefe and Others (4884/2021) [2022] ZAFSHC 195 (25 August 2022)

Court

Free State High Court, Bloemfontein

Case number

4884/2021

Judge

Chesiwe

The court found that the respondents' points in limine regarding prescription and the applicability of the Intestate Succession Act were misplaced. The Prescription Act does not apply to rights governed by Black law, and the Black Administration Act's male primogeniture rule is unconstitutional and cannot exclude female heirs. There are material disputes of fact regarding the existence of a buy-out agreement, the identity of the heirs, and the applicability of the Black Administration Act, which cannot be resolved on the papers. Therefore, the matter must be referred for oral evidence to prop…

Source excerpt

• Intestate Succession
• Male Primogeniture
• Prescription Act
• Black Administration Act
• Dispute Of Fact
• Motion Proceedings

N.M.D and Others v M.T.A N.O and Others (1536/2019)

N.M.D and Others v M.T.A N.O and Others (1536/2019) [2021] ZALMPTHC 3 (12 May 2021)

Court

Limpopo High Court, Thohoyandou

Case number

1536/2019

Judge

Makgoba JP

The High Court dismissed an application to reopen a deceased estate, holding it had already been finalised under the Black Administration Act and a 2006 court order.

• Administration Of Deceased Estates
• Customary Law Inheritance
• Maladministration Of Estate
• Declaratory Relief
• Black Administration Act
• Administration Of Estates Act

Pataki v Heasley NO and Others (2664/2012)

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

Court

Eastern Cape High Court, Port Elizabeth

Case number

2664/2012

Judge

E Revelas

The High Court dismissed an application for declaratory relief that a pre-1988 marriage was in community of property, holding the marriage remained out of community.

• Matrimonial Property Regime
• Black Administration Act
• Declaratory Relief
• Costs Order
• Matrimonial-property-regime
• Black-administration-act

Zulu and Others v Majola (467/2000)

Zulu and Others v Majola (467/2000) [2002] ZASCA 56; [2002] 4 All SA 530 (SCA); 2002 (5) SA 466 (SCA) (29 May 2002)

Court

Supreme Court of Appeal

Case number

467/2000

Judges

Smalberger, Streicher, Mpati, Mthiyane, Brand

The Supreme Court of Appeal held that a magistrate could substitute a deceased-estate representative while the estate remained unfinished.

• Administration Of Deceased Estates
• Black Administration Act
• Magistrate Powers
• Estate Distribution
• Conflict Of Interest
• Administration-of-deceased-estates

More v Minister of Co-Operation & Development (179/84)

More v Minister of Co-Operation & Development (179/84) [1985] ZASCA 89; [1986] 3 All SA 286 (AD); 1986 (1) SA 102 (A) (19 September 1985)

Court

Supreme Court of Appeal

Case number

179/84

Judges

Rabie, Kotzé, Trengove, Botha, Grosskopf

The court held that a parliamentary resolution under section 5(1)(b) had to specifically approve the ordered withdrawal, including the destination area.

• Black Administration Act
• Forced Removal
• Parliamentary Approval
• Statutory Interpretation
• Interdict
• Urgent Application