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South Africa Case Law

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Family And Children [2025] ZAWCHC 319

Njwaxu v Minister of Home Affairs and Others (23272/24)

Njwaxu v Minister of Home Affairs and Others (23272/24) [2025] ZAWCHC 319 (29 July 2025)

The court remitted an alleged customary marriage registration to Home Affairs for enquiry, after finding the department had not conducted the required investigation.

  • Recognition Of Customary Marriages Act
  • Customary Marriage Registration
  • Administrative Failure
  • Inheritance Rights
  • Public Service Obligation
  • Customary-marriage-registration
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Family And Children [2024] ZAGPJHC 1006

Z.M v P.M and Others (21/27860)

Z.M v P.M and Others (21/27860) [2024] ZAGPJHC 1006 (4 October 2024)

The High Court declared an alleged customary marriage void, removed the first respondent as executrix, and appointed the applicant’s attorneys to administer the estate.

  • Customary Marriage Validity
  • Administration Of Estates Act
  • Executor Removal
  • Fraudulent Documents
  • Inheritance Rights
  • Appointment Of Executor
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Family And Children [2024] ZANWHC 225

Stander v Daly and Others (M521/2022)

Stander v Daly and Others (M521/2022) [2024] ZANWHC 225 (6 September 2024)

The court granted condonation and referred a dispute about a claimed universal partnership to oral evidence to resolve conflicting facts about maintenance and inheritance.

  • Universal Partnership
  • Maintenance Claim
  • Inheritance Rights
  • Interim Interdict
  • Dispute Of Fact
  • Condonation
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Family And Children [2024] ZAGPPHC 707

Ngobeni and Another v Malungani and Others (2024-069450)

Ngobeni and Another v Malungani and Others (2024-069450) [2024] ZAGPPHC 707 (15 July 2024)

Urgent interim interdict preserved estate and pension/gratuity funds pending litigation over the validity of the applicant’s alleged customary marriage.

  • Customary Marriage Validity
  • Interim Interdict
  • Estate Preservation
  • Inheritance Rights
  • Urgent Application
  • Division Of Property
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Family And Children [2023] ZAGPJHC 1019

Dladla v Ndhlovu and Others (2022-13299)

Dladla v Ndhlovu and Others (2022-13299) [2023] ZAGPJHC 1019 (11 September 2023)

The High Court granted condonation in a rescission dispute over a customary marriage and held that material factual disputes about standing must go to trial.

  • Customary Marriage
  • Rescission Of Judgment
  • Condonation
  • Inheritance Rights
  • Customary-marriage
  • Rescission-of-judgment
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Family And Children [2021] ZAGPPHC 519

M.S.N v C.Z.M and Others (50880/2014)

M.S.N v C.Z.M and Others (50880/2014) [2021] ZAGPPHC 519 (11 August 2021)

The High Court dismissed an application to exhume a deceased man’s remains for paternity testing and to delay enforcement of a pension-benefit order.

  • Paternity Dispute
  • Exhumation For Dna
  • Children S Act
  • Pension Benefits
  • Inheritance Rights
  • Paternity-dispute
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Land And Property [2017] ZAKZDHC 2

Cele and Others v Cele and Others (8488/2015)

Cele and Others v Cele and Others (8488/2015) [2017] ZAKZDHC 2 (9 January 2017)

The court found that the applicants, except for the fifth applicant, were the children of Matshotsho Tholakele Cele and Mfana Cele, who were married in community of property. Upon Tholakele's death, the Intestate Succession Act applied, and Mfana Cele inherited her share of the joint estate. When Mfana Cele remarried the first respondent in community of property, the property became part of their joint estate. Upon Mfana Cele's death, the value of the estate was below the statutory threshold, and the first respondent inherited the property in terms of the Intestate Succession Act. The applica…

  • Intestate Succession
  • Community Of Property
  • Inheritance Rights
  • Customary Law Of Succession
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Administrative Law [2013] ZAGPPHC 442

Molefe NO v Director General Home Affairs and Others (46248/12)

Molefe NO v Director General Home Affairs and Others (46248/12) [2013] ZAGPPHC 442 (8 November 2013)

High Court directed the applicant to obtain the record and reasons for registration of an alleged customary marriage before pursuing review under Rule 53.

  • Customary Marriage Registration
  • Review Of Administrative Action
  • Inheritance Rights
  • Rule 53 Procedure
  • Customary-marriage-registration
  • Review-of-administrative-action
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Civil Procedure [2009] ZAKZPHC 58

Executor Estate: Sorour v Scowby (AR232/08)

Executor Estate: Sorour v Scowby (AR232/08) [2009] ZAKZPHC 58 (4 September 2009)

The court held that the expectation of inheritance prior to the confirmation of the liquidation and distribution account does not constitute a debt accruing in the future for purposes of section 72 of the Magistrates' Court Act. The right to inherit is a mere contingent interest or spes and is not attachable under a garnishee order until the estate is distributable and the right becomes enforceable. The Magistrate erred in finding that the executor was holding funds on behalf of the heir and in ordering immediate payment. Furthermore, the Magistrate failed to properly address the alleged cess…

  • Garnishee Order
  • Attachment Of Debt
  • Inheritance Rights
  • Liquidation And Distribution Account
  • Cession Of Rights
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Family And Children [1985] ZASCA 43

Heymans v Van Tonder (1) (406/83)

Heymans v Van Tonder (1) (406/83) [1985] ZASCA 43; [1985] 2 All SA 389 (A) (29 May 1985)

The court interpreted a joint will to require payment of half the estate value on the surviving spouse’s remarriage, with security only if payment was postponed due to the beneficiary’s minority.

  • Joint Will Interpretation
  • Fideicommissum
  • Testamentary Disposition
  • Minority And Majority
  • Inheritance Rights
  • Joint-will-interpretation
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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.