South Africa Case Law

Peteke v Khumalo and Others (2025-009348)

Peteke v Khumalo and Others (2025-009348) [2025] ZAGPPHC 447 (6 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-009348

Judge

Nyathi

The court found that the applicant established a prima facie right to the relief sought, based on evidence of a customary marriage and joint estate, including proof of lobola negotiations and cohabitation. The risk of irreparable harm through dissipation of estate assets was real and imminent. The balance of convenience favoured the applicant, who stood to suffer greater prejudice if the interdict was not granted, while the respondents would not be unduly prejudiced by a temporary suspension of estate administration. The applicant had no alternative remedy. The respondents' administration of…

Source excerpt

• Interim Interdict
• Customary Marriage Recognition
• Administration Of Estates
• Prima Facie Right
• Irreparable Harm

Ntsako N.O and Another v Mthembu and Others (021190/2024)

Ntsako N.O and Another v Mthembu and Others (021190/2024) [2024] ZAGPPHC 780 (14 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

021190/2024

Judge

Cowen

The High Court dismissed an application for leave to appeal in an estate administration dispute, finding no reasonable prospects of success under section 17 of the Superior Courts Act.

• Leave To Appeal Requirements
• Customary Marriage Recognition
• Estate Administration
• Childs Share Claim
• Leave-to-appeal
• Estate-administration

M.E.M and Others v K.M N.O. and Others (5111/2023)

M.E.M and Others v K.M N.O. and Others (5111/2023) [2024] ZAFSHC 94 (27 March 2024)

Court

Free State High Court, Bloemfontein

Case number

5111/2023

Judge

Van Zyl

The court found that the applicants failed to establish urgency, as the delays in taking action were not adequately explained and the urgency was self-created. The applicants were aware of the appointment of the executrix and the risks to estate assets for several months but did not pursue available remedies such as a review application or an interdict in a timely manner. The court held that the applicants' concerns regarding the administration of the estate were reasonable and bona fide, but the procedural requirements for urgency were not met. The application was removed from the roll, and…

Source excerpt

• Urgent Interdict
• Administration Of Estates Act
• Customary Marriage Recognition
• Locus Standi
• Condonation
• Costs In Estate Litigation

Mlate N.O v Sithole and Another (2023/115917)

Mlate N.O v Sithole and Another (2023/115917) [2024] ZAGPPHC 304 (27 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/115917

Judge

SJ Cowen

The High Court dismissed an urgent application by an executor to stop the GEPF paying out a deceased member’s pension, finding he lacked standing and had other remedies.

• Interim Interdict
• Pension Fund Distribution
• Executor Standing
• Customary Marriage Recognition
• Interim-interdict
• Pension-fund-distribution

Mohali v Mohali and Others (39683/2019)

Mohali v Mohali and Others (39683/2019) [2023] ZAGPJHC 44 (24 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

39683/2019

Judge

E Molahlehi

The High Court set aside the sale, transfer and registration of property after finding the first respondent fraudulently misrepresented ownership and lacked authority.

• Fraudulent Transfer Of Property
• Customary Marriage Recognition
• Declaratory Relief
• Executor Appointment
• Misrepresentation
• Setting Aside Registration

Ngwenya and Others v Masango N.O. and Another (2022/10496)

Ngwenya and Others v Masango N.O. and Another (2022/10496) [2022] ZAGPJHC 254 (26 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2022/10496

Judge

Bester

The High Court ordered an executrix to lodge a liquidation and distribution account, but refused to remove her from office in a dispute over a deceased estate.

• Administration Of Estates Act
• Customary Marriage Recognition
• Removal Of Executor
• Liquidation And Distribution Account
• Administration-of-estates-act
• Removal-of-executor

Mabena v Ramonaka and Others (7921/2022)

Mabena v Ramonaka and Others (7921/2022) [2022] ZAGPJHC 261 (28 March 2022)

Court

South Gauteng High Court, Johannesburg

Case number

7921/2022

Judge

Crutchfield

The High Court struck an urgent application off the roll because the applicant failed to prove urgency or irreparable harm under Rule 6(12).

• Urgency In Motion Proceedings
• Customary Marriage Recognition
• Administration Of Estates
• Urgency-in-motion-proceedings
• Administration-of-estates
• Customary-marriage-recognition

Ntsukunyane and Another v Moleko and Others (16595/2013)

Ntsukunyane and Another v Moleko and Others (16595/2013) [2013] ZAGPJHC 170 (11 June 2013)

Court

South Gauteng High Court, Johannesburg

Case number

16595/2013

Judge

N F Kgomo

High Court urgent estate dispute over executorship, vehicle transfers, and taxi permits. The court upheld the executrix’s authority and set aside unlawful transfers.

• Letters Of Executorship
• Customary Marriage Recognition
• Estate Administration
• Transfer Of Vehicle Ownership
• Taxi Permit Transfer
• Validity Of Marriage Certificate

Chitima v Road Accident Fund (18996/2011)

Chitima v Road Accident Fund (18996/2011) [2011] ZAWCHC 488; [2012] 2 All SA 632 (WCC) (15 December 2011)

Court

Western Cape High Court, Cape Town

Case number

18996/2011

Judge

Bozalek

The court held that although the applicant's customary marriage in Zimbabwe was unregistered and not recognised as a valid marriage under Zimbabwean law, both Zimbabwean and South African law recognise the duty of support arising from such unions for certain civil purposes. South African law, in particular, provides broader statutory recognition of customary unions and does not preclude loss of support claims based on such relationships. The duty of support is a personal consequence of the marriage and is governed by the law of the parties' domicile at the time of the accident, which is recog…

Source excerpt

• Loss Of Support
• Customary Marriage Recognition
• Conflict Of Laws
• Road Accident Fund Act
• Duty Of Support
• Alien Rights

Singh v Ramparsad (KZN564/2002)

Singh v Ramparsad (KZN564/2002) [2007] ZAKZHC 1; 2007 (3) SA 445 (D) (22 January 2007)

Court

High Courts - Kwazulu Natal

Case number

KZN564/2002

Judge

C.N. Patel

The High Court held that an unregistered Hindu religious marriage was not legally valid under the Marriage Act and dismissed constitutional challenges.

• Marriage Act Interpretation
• Customary Marriage Recognition
• Equality Clause
• Human Dignity
• Religious Freedom
• Maintenance Claim