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South Africa Case Law

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Family And Children [2013] ZAWCHC 195

Mafuya v Lizwe (15290/12)

Mafuya v Lizwe (15290/12) [2013] ZAWCHC 195 (10 September 2013)

The applicant failed to provide sufficient expert evidence to establish that the deceased lacked mental capacity at the time of the marriage. The respondent's version, supported by the Plascon-Evans rule, must be accepted, as the applicant did not reply to the respondent's assertion that the deceased was in a lucid interval. The evidence presented, including letters from healthcare professionals, was inadequate and lacked proper supporting affidavits. Furthermore, the applicant's credibility is undermined by her previous application seeking to validate the deceased's will, which required him…

  • Mental Capacity To Marry
  • Nullity Of Marriage
  • Motion Proceedings
  • Lucidum Intervalum
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Family And Children [2013] ZAWCHC 133

Mafuya v Lizwe (15290/12)

Mafuya v Lizwe (15290/12) [2013] ZAWCHC 133 (10 September 2013)

The applicant failed to provide sufficient expert evidence to prove that the deceased lacked mental capacity to marry at the relevant time. The respondent's version, supported by the absence of a replying affidavit and the application of the Plascon-Evans rule, must be accepted. The applicant's credibility is further undermined by her contradictory stance in previous proceedings regarding the deceased's mental capacity. The evidence presented, including letters from non-experts and the lack of affidavits from witnesses to the marriage, is insufficient to support the relief sought. Accordingly…

  • Mental Capacity To Marry
  • Nullity Of Marriage
  • Motion Proceedings
  • Evidentiary Requirements
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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.