South Africa Case Law

Huma v Huma and Others (Appeal) (CIV APP MG 26/2024)

Huma v Huma and Others (Appeal) (CIV APP MG 26/2024) [2025] ZANWHC 125 (23 July 2025)

Court

North West High Court, Mafikeng

Case number

CIV APP MG 26/2024

Judges

Hendricks, Wessels

The High Court held that the Tribal Court lacked jurisdiction to order the appellant's eviction from the house on tribal land, as only the High Court or Magistrate's Court may grant such orders under the PIE Act. The first ground of appeal was upheld on this basis. Regarding the right to occupy, the Court found that customary law, as practiced by the Bafokeng community, requires a separate house for each spouse, and the house in dispute was allocated to the children of the deceased's first marriage. The appellant was allocated a separate house for the second marriage. The Court confirmed that…

Source excerpt

• Customary Law Rights Of Occupation
• Tribal Court Jurisdiction
• Eviction Proceedings
• Intestate Succession
• Gender Equality In Customary Law

Mogudi v Standard Bank of South Africa Limited and Others (31834/1993)

Mogudi v Standard Bank of South Africa Limited and Others (31834/1993) [2025] ZAGPJHC 494 (22 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

31834/1993

Judge

S Van Nieuwenhuizen

The High Court rescinded a 1994 default judgment and execution sale over a Soweto property, finding the bank failed to join a co-owning spouse and the bond transaction was invalid.

• Matrimonial Property Act
• Rescission Of Judgment
• Joinder Of Parties
• Sale In Execution
• Intestate Succession
• Mortgage Bond Invalidity

Tshali and Another v Nandi and Others (5307/2022)

Tshali and Another v Nandi and Others (5307/2022) [2025] ZAECMHC 39 (20 May 2025)

Court

Eastern Cape High Court, Mthatha

Case number

5307/2022

Judge

FBA Dawood

The court found that the applicants failed to prove that they were customarily adopted children of the deceased in accordance with Xhosa customary law. The evidence showed no relinquishing of parental rights by the biological parents, no formal adoption ceremony, and no agreement between families as required by customary law. The deceased's acceptance and support of the applicants, while compassionate, did not meet the legal requirements for customary law adoption. The applicants' reliance on documentation and beneficiary status was insufficient, as the Act requires acceptance in accordance w…

Source excerpt

• Customary Law Adoption
• Intestate Succession
• Reform Of Customary Law Of Succession Act
• Heirship Dispute
• Liquidation And Distribution Account

Mogase v Modiga and Another (69655/2023)

Mogase v Modiga and Another (69655/2023) [2025] ZAGPPHC 352 (30 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

69655/2023

Judge

JF Grobler

The applicant failed to establish a clear or prima facie right to the interdictory relief sought. The deceased left a valid will, which was accepted by the Master and acted upon by the appointed executor, the first respondent. The applicant was not nominated as a beneficiary in the will, and his claim under the Intestate Succession Act cannot stand in the face of the valid will. Even if a customary union existed, any claim would be against the estate, not the respondents personally. The applicant's procedural non-compliance with court directives was noted but did not warrant striking the matt…

Source excerpt

• Customary Union
• Intestate Succession
• Interdictory Relief
• Administration Of Deceased Estates

Mashiyane and Others v Kekana and Others (2021/8960)

Mashiyane and Others v Kekana and Others (2021/8960) [2025] ZAGPJHC 715 (28 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/8960

Judge

WJ du Plessis

The High Court dismissed an application to cancel a title deed over a family home, holding that any attack on the transfer under the Conversion Act had to be brought by review.

• Conversion Act Transfer
• Intestate Succession
• Administrative Review
• Title Deed Cancellation
• Administrative-review
• Title-deed-cancellation

Masebebalo v Matenji (53948/21)

Masebebalo v Matenji (53948/21) [2025] ZAGPJHC 271 (13 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

53948/21

Judge

Kooverjie

The High Court granted rescission under Rule 42(1)(a), finding the prior order was made in the applicants’ absence and affected disputed property rights.

• Rescission Of Judgment
• Rule 42 Application
• Intestate Succession
• Deed Of Donation
• Misrepresentation
• Right Of Access To Property

Mamakoko v Mnisi and Others (A67/2024)

Mamakoko v Mnisi and Others (A67/2024) [2025] ZAMPMHC 12 (11 March 2025)

Court

Middelburg High Court, Mpumalanga

Case number

A67/2024

Judges

Langa, Roelofse

High Court appeal against an eviction order was upheld, with condonation granted and the request to admit new evidence dismissed.

• Eviction Proceedings
• Condonation
• Intestate Succession
• Admission Of Further Evidence
• Locus Standi
• Eviction-proceedings

Mbalane v Mbalane and Others (02/2025)

Mbalane v Mbalane and Others (02/2025) [2025] ZAECMHC 14 (4 March 2025)

Court

Eastern Cape High Court, Mthatha

Case number

02/2025

Judge

Cengani-Mbakaza

The court found that no customary union existed between the applicant and the first respondent, as evidenced by affidavits and official documentation. The applicant's reliance on the deceased's surname and initiation rituals was insufficient to establish burial rights at the paternal home. The deceased's wishes regarding burial location were not credibly established; the only explicit wishes presented were those of the applicant. The court held that both parents are heirs, but the deceased was cared for by his mother from infancy and laid to rest at her home. The urgency was accepted due to t…

Source excerpt

• Burial Rights
• Customary Law Application
• Urgent Interdict
• Exhumation
• Intestate Succession

Ebeling v Koch and Others (Appeal) (A 169/2024)

Ebeling v Koch and Others (Appeal) (A 169/2024) [2025] ZAWCHC 59; [2025] 3 All SA 151 (WCC); 2025 (4) SA 584 (WCC) (21 February 2025)

Court

Western Cape High Court, Cape Town

Case number

A169/2024

Judges

R Henney, J Cloete, C N Nziweni

The High Court held that the appellant had a prima facie claim and standing to support attachment of property to found jurisdiction in a foreign defendant case.

• Attachment Ad Fundandam Jurisdictionem
• Locus Standi
• Wills Act Section 4a
• Intestate Succession
• Abstract System Of Transfer
• Attachment-ad-fundandam-jurisdictionem

Johnson v Johnson and Others (16626/2023)

Johnson v Johnson and Others (16626/2023) [2025] ZAWCHC 54 (19 February 2025)

Court

Western Cape High Court, Cape Town

Case number

16626/2023

Judge

P D Andrews

The court found, on a balance of probabilities, that the deceased did not possess the requisite testamentary capacity to execute either the 2015 or 2016 Will. Expert medical evidence, including a MOCA score of 13/30 and psychiatric assessments, established significant cognitive impairment due to moderately advanced dementia. The evidence of Ms Johnson and the unchallenged expert reports corroborated the deceased's inability to appreciate the nature and effect of her actions, recall her assets, or identify her heirs. The suspicious circumstances surrounding the execution of both Wills and the…

Source excerpt

• Testamentary Capacity
• Wills Act
• Executor Removal
• Intestate Succession
• Property Transfer Setting Aside
• Undue Influence