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South Africa decisions
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S.R. v S.T.M. (2022/048303) [2025] ZAGPJHC 691 (15 July 2025)
The High Court ordered the respondent to file a financial disclosure form in a Rule 43 dispute, rejecting privacy objections and holding that disclosure remained required despite a disputed marriage.
Bhengu v Chamane and Other (18006/2024P) [2025] ZAKZPHC 48 (7 May 2025)
The High Court ordered the Master to appoint an executor within 14 days and directed the Sheriff to preserve estate vehicles pending administration.
A.M v M.M (2023 / 042690) [2023] ZAGPJHC 1399 (1 December 2023)
Rule 43 application partly granted: spousal maintenance was refused, but child maintenance, school fees, domestic worker costs, medical aid excess, rent, and costs were ordered.
Ngxumali-Thomas and Another v Cokwana and Another (567/2021) [2021] ZAECBHC 13 (6 August 2021)
The court found that the matter could not be properly determined without a report from the Master as required by Uniform Rule 6(9), given the complexity of competing claims to marriage and executorship, and the potential application of both civil and customary law. The urgency arose from the Master's informal demand for the return of the applicant's letters of authority and the threat to issue new letters to the first respondent. The court declined to dismiss the application or grant interdictory relief at this stage, instead postponing the matter and directing the Master to provide a report…
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Setati v Master of the High Court and Another (3343/2019) [2020] ZALMPPHC 50 (19 May 2020)
The High Court set aside an executor appointment made under the wrong statute and sent the matter back for proper consideration under section 18.
K.C.M v K.M.F (55203/2020) [2020] ZAGPPHC 780 (1 January 2020)
The court found that it has jurisdiction to entertain Rule 43 applications for interim relief, including maintenance and parental rights, even where the existence or validity of the marriage is disputed. The respondent's claim of unemployment and lack of means was not accepted, given evidence of business interests and assets. The applicant is unemployed and has no income, and the children reside with her. The court determined that the respondent is currently able to pay maintenance and should do so pendente lite. Orders were made regarding maintenance for the applicant and children, payment o…
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Selwane v Mogale and Another (60621/17) [2019] ZAGPPHC 91 (22 March 2019)
The court dismissed an application to compel surrender of deceased estate assets because material disputes about marriage, heirship, and executor appointment could not be resolved on the papers.
Moloto and Others v Velashiya and Others (2015/17117) [2016] ZAGPJHC 126 (24 May 2016)
Urgent interdict to stop an executrix from administering a deceased estate was dismissed. The court found no urgency, no proven dissipation, and awarded punitive costs.
Dube v Hlako (11329/2013) [2013] ZAGPJHC 324 (28 November 2013)
The High Court ordered sale of jointly owned property and equal division of proceeds after finding no real dispute of fact about an alleged customary marriage.
Funiselo v Master of the High Court and Another (7395/2010) [2011] ZAWCHC 353 (10 August 2011)
The High Court dismissed an application to remove an executor and held that the applicant lacked locus standi, with the dispute barred by res judicata and lis alibi pendens.
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