South Africa Case Law

Shongwe and Another v Meyiwa and Others

Shongwe and Another v Meyiwa and Others [2023] ZAGPPHC 558; 58823/2021 (17 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

58823/2021

Judge

Sethusha-Shongwe

The court found that the assets used to purchase the immovable property belonged to 311 Acquisitions (Pty) Ltd, a separate juristic person, and not to the joint estate of the applicant and the deceased. The applicant, as a shareholder, holds proprietary rights in the company but not in its assets. The relief sought under section 15(3)(c) of the Matrimonial Property Act was misplaced, as the transaction involved company assets, not joint estate assets. There was no application to pierce the corporate veil, and the company was not a party to the proceedings. The court distinguished the Marais v…

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• Matrimonial Property Act
• Company Separate Personality
• Donation Of Assets
• Customary Marriage
• Locus Standi
• Joint Estate

Deutscher Genossenschaftsund Raiffeisenverband e.V.1 / German Cooperative and Raiffeisen Confederation v Sejake and Another

Deutscher Genossenschaftsund Raiffeisenverband e.V.1 / German Cooperative and Raiffeisen Confederation v Sejake and Another [2023] ZAGPPHC 416; 54837/2020 (7 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

54837/2020

Judge

Vivian

Sequestration application removed from the roll because the spouses’ marital regime was disputed and a related application on the antenuptial contract was pending.

• Sequestration
• Antenuptial Contract
• Matrimonial Property Act
• Deeds Registries Act
• Joint Estate
• Wasted Costs

Majake v Jones and Others (2020/21215)

Majake v Jones and Others (2020/21215) [2022] ZAGPJHC 433 (15 June 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2020/21215

Judge

L.J. du Bruyn

The High Court dismissed an application to set aside a R455,000 payment from a joint estate, finding the applicant had not proved it was a donation or alienation without value.

• Matrimonial Property Act
• Donation
• Alienation Without Value
• Joint Estate
• Onus Of Proof
• Matrimonial-property-act

WT and Others v KT (933/2013)

WT and Others v KT (933/2013) [2015] ZASCA 9; 2015 (3) SA 574 (SCA) (13 March 2015)

Court

Supreme Court of Appeal

Case number

933/2013

Judges

Lewis, Bosielo, Pillay, Mbha, Mayat

The Supreme Court of Appeal held that the assets of the WT Trust, established prior to the marriage and managed by appointed trustees, do not form part of the joint estate of the parties married in community of property. The respondent was never a beneficiary of the trust, nor did she provide the necessary capital for the acquisition of the trust property. The court found no factual or legal basis for the allegations of deceit or misrepresentation by the husband. The principles governing piercing the trust veneer were not applicable, as there was no unconscionable abuse or fraud, and the resp…

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• Discretionary Family Trust
• Joint Estate
• Piercing Trust Veil
• Marriage In Community Of Property
• Trust Property Control Act
• Divorce Act Section 7 3