South Africa Case Law

Tshali and Another v Nandi and Others (5307/2022)

Tshali and Another v Nandi and Others (5307/2022) [2025] ZAECMHC 39 (20 May 2025)

Court

Eastern Cape High Court, Mthatha

Case number

5307/2022

Judge

FBA Dawood

The court found that the applicants failed to prove that they were customarily adopted children of the deceased in accordance with Xhosa customary law. The evidence showed no relinquishing of parental rights by the biological parents, no formal adoption ceremony, and no agreement between families as required by customary law. The deceased's acceptance and support of the applicants, while compassionate, did not meet the legal requirements for customary law adoption. The applicants' reliance on documentation and beneficiary status was insufficient, as the Act requires acceptance in accordance w…

Source excerpt

• Customary Law Adoption
• Intestate Succession
• Reform Of Customary Law Of Succession Act
• Heirship Dispute
• Liquidation And Distribution Account

Mxhosana v Mxhosana N.O and Others (5858/2019)

Mxhosana v Mxhosana N.O and Others (5858/2019) [2022] ZAGPPHC 648 (26 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

5858/2019

Judge

N Khumalo

Leave to appeal was refused in a dispute over claimed customary-law adoption and intestate succession, with the court finding no reasonable prospect of success.

• Customary Law Adoption
• Intestate Succession
• Locus Standi
• Leave To Appeal
• Burden Of Proof
• Leave-to-appeal

P.M.M v D.S.M N.O and Others (5858/2019)

P.M.M v D.S.M N.O and Others (5858/2019) [2022] ZAGPPHC 15 (10 January 2022)

Court

North Gauteng High Court, Pretoria

Case number

5858/2019

Judge

N.V. Khumalo

The High Court dismissed an application to remove an executrix, finding the applicant failed to prove he was a descendant through legal or customary adoption.

• Customary Law Adoption
• Intestate Succession
• Locus Standi
• Removal Of Executor
• Duty Of Support
• Customary-law-adoption

Maneli v Maneli (14/3/2-234/05)

Maneli v Maneli (14/3/2-234/05) [2010] ZAGPJHC 22; 2010 (7) BCLR 703 (GSJ) (19 April 2010)

Court

South Gauteng High Court, Johannesburg

Case number

14/3/2-234/05

Judge

Mokgoatlheng

The court held that a child adopted under Xhosa customary law was entitled to maintenance, and ordered registration of the adoption and a maintenance enquiry.

• Customary Law Adoption
• Maintenance Of Children
• Best Interests Of Child
• Development Of Common Law
• Bill Of Rights Application
• Judicial Notice Of Customary Law

M v M (14/3/2-234/05)

M v M (14/3/2-234/05) [2010] ZAGPJHC 74 (19 February 2010)

Court

South Gauteng High Court, Johannesburg

Case number

14/3/2-234/05

Judge

Mokgoatlheng

Review upholding a maintenance duty in respect of a child adopted under Xhosa customary law, and directing registration of the adoption.

• Customary Law Adoption
• Maintenance Of Minor Children
• Development Of Common Law
• Best Interests Of Child
• Constitutional Interpretation
• Customary-law-adoption