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South Africa Case Law

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Family And Children [2020] ZASCA 23

Marais N.O. and Another v Maposa and Others (642/2018)

Marais N.O. and Another v Maposa and Others (642/2018) [2020] ZASCA 23; 2020 (5) SA 111 (SCA) (25 March 2020)

Court
Supreme Court of Appeal
Case number
642/2018
Judges
Petse, Mbha, Van der Merwe, Plasket, Nicholls

The Supreme Court of Appeal held that the donation of 75% of the members' interest in Seepunt Eiendomme CC from the joint estate required the consent of the non-contracting spouse, Ms Broodie, under section 15(3)(c) of the Matrimonial Property Act. The transaction prejudiced her interests and thus required her consent. The respondents, particularly Ms Ledwaba, knew of the marriage but made no enquiries as to the marital regime or the necessity of consent. The court found that the respondents failed to meet the objective standard of reasonable enquiry required to rely on deemed consent under s…

Source excerpt

  • Matrimonial Property Act
  • Donation Of Joint Estate Assets
  • Consent Requirement
  • Deemed Consent
  • Void Transfer
  • Executor Substitution
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Family And Children [2018] ZALMPPHC 65

M.O.M v M.M and Others (HCA30/2017)

M.O.M v M.M and Others (HCA30/2017) [2018] ZALMPPHC 65 (19 October 2018)

Court
Limpopo High Court, Polokwane
Case number
HCA30/2017
Judges
M.G Phatudi, M.F Kganyago, G.C Muller

The court found that the deceased and appellant were married in community of property and jointly invested R800,000 in a fixed deposit. The deceased subsequently transferred the investment into the name of the first respondent without the appellant's written consent, in violation of section 15(2)(c) of the Matrimonial Property Act. The court rejected the respondent's claim that the asset was a valid donation, finding no credible evidence of the appellant's consent or knowledge. The transaction was deemed a fraudulent alienation of a joint estate asset, intended to deprive the appellant of her…

Source excerpt

  • Matrimonial Property Act
  • Alienation Of Joint Estate Assets
  • Donation Of Joint Estate Assets
  • Spousal Consent
  • Interpretation Of Statutes
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.