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South Africa decisions
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N.P.B v T.I.B and Another - Appeal (CA 81/2022) [2024] ZAECMHC 4 (30 January 2024)
The High Court dismissed an appeal and a bid to introduce further evidence about alleged lobola payment, finding the material was hearsay and not exceptional.
C.P.M v N.E.M (18195/2022) [2023] ZAGPJHC 1244 (30 October 2023)
High Court judgment on condonation, strike-out, and amendment of a divorce counterclaim, granting limited amendments and refusing others for prejudice.
Monyepao v Ledwaba and Others (1368/18) [2020] ZASCA 54 (27 May 2020)
The court found that there was no factual or legal basis for declaring the customary marriage between Ms Ledwaba and Mr Phago dissolved in February 2008, as no decree of divorce had been issued in terms of the Recognition of Customary Marriages Act. The subsequent civil marriage between Ms Ledwaba and Mr Kwele was a nullity and did not affect the validity of her customary marriage to Mr Phago. The relief sought for forfeiture of marital benefits was incompetent, as such an order can only be made in divorce proceedings between parties to the marriage, not by a third party or in non-divorce pro…
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S.R (born R) v N.R (CA133/2019) [2020] ZAECGHC 36 (4 May 2020)
The court found that the Magistrate erred in making an overly broad forfeiture order stripping the appellant of all assets of the joint estate. However, the evidence established that the appellant would be unduly benefitted if awarded 50% of the respondent's pension interest, given her minimal financial and non-financial contributions, substantial misconduct including adulterous affairs and misappropriation of funds, and the circumstances leading to the breakdown of the marriage. The duration of the marriage and the appellant's conduct justified forfeiture of her claim to the respondent's pen…
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M.C v J.J.C (A231/2014) [2015] ZAGPPHC 1140; 2016 (2) SA 227 (GP) (26 August 2015)
Appeal about forfeiture of marital benefits under the Divorce Act and accrual system, with the court setting aside the forfeiture and costs orders.
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