South Africa Case Law

Vukeya v Ntshane and Others (518/2019)

Vukeya v Ntshane and Others (518/2019) [2020] ZASCA 167; 2022 (2) SA 452 (SCA) (11 December 2020)

Court

Supreme Court of Appeal

Case number

518/2019

Judges

Maya, Dambuza, Mocumie, Plasket, Goosen

The Supreme Court of Appeal held that the appellant did not know and could not reasonably have known that the deceased was married and required spousal consent for the sale of the property. The appellant relied on official documents and representations indicating the deceased was unmarried, and there was nothing to put him on enquiry. The Court found that the protection afforded by s 15(9)(a) of the Matrimonial Property Act applied, and the first respondent was deemed to have consented to the sale. The high court erred by failing to consider s 15(9)(a) and by not adopting a contextual and hol…

Source excerpt

• Matrimonial Property Act
• Sale Of Immovable Property
• Consent In Community Of Property
• Deemed Consent
• Transfer Of Property
• Duty Of Enquiry

Mafrika v Magongwa (28553/2016)

Mafrika v Magongwa (28553/2016) [2016] ZAGPPHC 647 (29 July 2016)

Court

North Gauteng High Court, Pretoria

Case number

28553/2016

Judge

N.P. Mali

The High Court held that a sale of immovable property by spouses in community of property was valid and enforceable, and ordered transfer to the purchasers.

• Alienation Of Land Act
• Matrimonial Property Act
• Transfer Of Immovable Property
• Validity Of Sale Agreement
• Consent In Community Of Property
• Alienation-of-land-act

Walljee and Another v Botto and Another (A5044/08)

Walljee and Another v Botto and Another (A5044/08) [2009] ZAGPJHC 36 (7 August 2009)

Court

South Gauteng High Court, Johannesburg

Case number

A5044/08

Judge

Van Oosten

The High Court held that a sale of immovable property concluded without a spouse’s written consent became valid after later written ratification under the Matrimonial Property Act.

• Matrimonial Property Act
• Alienation Of Land Act
• Consent In Community Of Property
• Ratification Of Contract
• Matrimonial-property-act
• Alienation-of-land-act

Bauti and Another v Ngceshe NO and Others (1008/07)

Bauti and Another v Ngceshe NO and Others (1008/07) [2007] ZAECHC 146 (23 November 2007)

Court

High Courts - Eastern Cape

Case number

1008/07

Judge

Kroon

The court found that the applicants satisfied the requirements for rescission of the order granted on 13 February 2007. The applicants raised a bona fide defence with prima facie prospects of success, specifically that the sale of the property to the Trust was invalid due to the absence of the first applicant's written consent, as required by the Matrimonial Property Act. The evidence indicated that the transaction was conducted without proper consultation or mandate, and the applicants were not wilful or unreasonable in failing to oppose the original proceedings. The court accepted that the…

Source excerpt

• Rescission Of Judgment
• Matrimonial Property Act
• Alienation Of Property
• Consent In Community Of Property
• Fraudulent Conduct