Mshengu v Estate Late Mshengu and Others (9223/2016P)
Mshengu v Estate Late Mshengu and Others (9223/2016P) [2021] ZAKZPHC 49 (6 August 2021)
The court held that the Recognition of Customary Marriages Amendment Act 1 of 2021 applies to polygamous customary marriages entered into before the commencement of the principal Act, and that the proprietary consequences are joint and equal ownership and management of marital property. The applicant is entitled to half of the family property allotted to her house, if any, and one third of the family property not allotted to any wife's house, if any. The deceased's will, which bequeathed the estate to the third respondent, is valid and not challenged, but does not override the proprietary rig…
Source excerpt
- Customary Marriage Property
- Recognition Of Customary Marriages Act
- Succession And Wills
- Joint Ownership In Polygamous Marriage
- Reform Of Customary Law Of Succession