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South Africa Case Law

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Family And Children [2025] ZAECMHC 23

T.B v Government Employee Pension Fund and Others (CA 645/2015)

T.B v Government Employee Pension Fund and Others (CA 645/2015) [2025] ZAECMHC 23 (18 March 2025)

The High Court refused condonation and reinstatement of a late appeal, finding the delay inordinate and the explanations insufficient. The appeal had lapsed.

  • Condonation Of Late Appeal
  • Status Of Marriage
  • Customary Vs Civil Marriage
  • Proprietary Consequences Of Marriage
  • Appeal Lapsing
  • Reinstatement Of Appeal
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Family And Children [2004] ZAFSHC 143

Leboea v Leboea and Others (3339/2001)

Leboea v Leboea and Others (3339/2001) [2004] ZAFSHC 143 (23 September 2004)

The court found that Matseliso and Sellalane Leboea were married in community of property due to the declaration before the marriage officer. However, the estates were administered under the Black Administration Act, and the redistribution agreement reflected the parties' consensus, not a division per the Intestate Succession Act. The first defendant never accepted any inheritance, so no asset ever vested in the joint estate with the plaintiff. Section 15(3) of the Matrimonial Property Act did not apply, as there was no donation of a joint estate asset. The plaintiff was not impoverished and…

  • Matrimonial Property Act
  • Intestate Succession
  • Redistribution Agreement
  • Donation Without Spousal Consent
  • Customary Vs Civil Marriage
  • Condictio Indebiti
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.