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South Africa Case Law

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Land And Property [2022] ZAFSHC 195

Molefe and Others v The Executor: Estate Late Edgar Molefe and Others (4884/2021)

Molefe and Others v The Executor: Estate Late Edgar Molefe and Others (4884/2021) [2022] ZAFSHC 195 (25 August 2022)

Court
Free State High Court, Bloemfontein
Case number
4884/2021
Judge
Chesiwe

The court found that the respondents' points in limine regarding prescription and the applicability of the Intestate Succession Act were misplaced. The Prescription Act does not apply to rights governed by Black law, and the Black Administration Act's male primogeniture rule is unconstitutional and cannot exclude female heirs. There are material disputes of fact regarding the existence of a buy-out agreement, the identity of the heirs, and the applicability of the Black Administration Act, which cannot be resolved on the papers. Therefore, the matter must be referred for oral evidence to prop…

Source excerpt

  • Intestate Succession
  • Male Primogeniture
  • Prescription Act
  • Black Administration Act
  • Dispute Of Fact
  • Motion Proceedings
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Land And Property [2011] ZAFSHC 35

Phokontsia and Another v Sebolai (A199/2009)

Phokontsia and Another v Sebolai (A199/2009) [2011] ZAFSHC 35 (24 February 2011)

Court
Free State High Court, Bloemfontein
Case number
A199/2009
Judges
Ebrahim, Lekale

The court found that the magistrate erred in law by interpreting the Bhe-decision as not applying retrospectively. The correct interpretation is that the declaration of invalidity of section 23 of the Black Administration Act and the rule of male primogeniture applies retrospectively to 27 April 1994, except for completed transfers to heirs who had no notice of a legal challenge. In this case, the respondent's late husband received transfer of the property after the Bhe-decision was made, and the estate was not yet wound up. Therefore, the appellants inherited equal undivided shares in the pr…

Source excerpt

  • Intestate Succession
  • Retrospective Application Of Constitutional Orders
  • Male Primogeniture
  • Bhe Decision Interpretation
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.