South Africa Case Law

Mukoyi v Charova N.O and Others (4969/2021)

Mukoyi v Charova N.O and Others (4969/2021) [2024] ZALMPPHC 159 (29 October 2024)

Court

Limpopo High Court, Polokwane

Case number

4969/2021

Judge

Monene

The court found that it had jurisdiction to determine the validity of the applicant's Zimbabwean customary marriage for purposes of estate administration in South Africa. The applicant's oral evidence regarding the customary marriage was uncontested and credible. Zimbabwean law, specifically section 68(3) of the Administration of Estates Act, recognizes customary marriages for estate purposes even if not solemnized. There is no statutory age bar for customary marriages in Zimbabwe, and the applicant's age at marriage did not invalidate the union. The second respondent's civil marriage certifi…

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• Customary Marriage
• Administration Of Estates
• Conflict Of Laws
• Recognition Of Foreign Marriage
• Executorship
• Putative Marriage

N.E.M v H.C.C and Others (2391/2023)

N.E.M v H.C.C and Others (2391/2023) [2023] ZALMPTHC 17 (14 December 2023)

Court

Limpopo High Court, Thohoyandou

Case number

2391/2023

Judge

Nemutandani

The High Court granted an urgent interim interdict preserving the applicant’s possession and use of a financed Mercedes-Benz pending a Rule 43 application and putative marriage action.

• Interim Interdict
• Putative Marriage
• Urgent Application
• Status Quo Preservation
• Interim-interdict
• Urgent-application

Kgosi v Kgosi and Others (6134/2022)

Kgosi v Kgosi and Others (6134/2022) [2023] ZAGPPHC 715 (21 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

6134/2022

Judge

L Badenhorst

The court found that there is a genuine and material dispute of fact regarding whether the First Respondent was an innocent party unaware of the Deceased's prior marriage to the Applicant. The evidence presented, including video clips and translations, cannot be properly adjudicated in motion proceedings, and the First Respondent was prejudiced by not having an opportunity to respond. The court exercised its discretion under Uniform Rule 6(5)(g) to refer the matter to oral evidence on the specific issues of the existence of a putative marriage and the extent of the First Respondent's contribu…

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• Putative Marriage
• Intestate Succession
• Community Of Property
• Oral Evidence In Motion Proceedings
• Bigamy
• Children Inheritance Rights

Kgosi v Kgosi and Others

Kgosi v Kgosi and Others [2023] ZAGPPHC 336; 6134/2022 (23 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

6134/2022

Judge

K Strydom

The court found that the appointment of the first respondent as executrix was made on the erroneous assumption that she was the sole spouse of the deceased, when in fact the applicant's marriage was valid. The Master lacked statutory authority to remove the executrix on this basis, and the failure to act did not trigger a review under PAJA. The applicant's claim of locus standi was unfounded, as the Master has discretion to appoint any fit and proper person. There was no evidence of gross neglect or inefficiency by the first respondent, but the fairness of entrusting the applicant's share of…

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• Removal Of Executor
• Bigamous Marriage
• Administration Of Estates Act
• Putative Marriage
• Locus Standi
• Distribution Of Estate

Magwaza v Ndoora and Others (3013/2021P)

Magwaza v Ndoora and Others (3013/2021P) [2021] ZAKZPHC 96 (1 December 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

3013/2021P

Judge

Mossop AJ

The High Court refused referral to oral evidence and dismissed an application claiming a universal partnership or enrichment relief arising from a relationship.

• Universal Partnership
• Putative Marriage
• Unjust Enrichment
• Motion Proceedings
• Disputes Of Fact
• Universal-partnership

Setho v The Executor - Estate of Ntoahae Paul Setho and Others (2874/2020)

Setho v The Executor - Estate of Ntoahae Paul Setho and Others (2874/2020) [2021] ZAFSHC 178; 2021 (6) SA 483 (FB) (1 July 2021)

Court

Free State High Court, Bloemfontein

Case number

2874/2020

Judge

P J Loubser

The court found that the applicant entered into the marriage with the deceased in good faith, believing his prior marriage had been lawfully terminated. Although the marriage was void due to bigamy, the applicant established a bona fide belief in its validity, qualifying the union as a putative marriage. The court rejected the strict application of the Zulu v Zulu precedent, noting that the community of property between the deceased and his first wife had de facto ended when they began living separately. The applicant contributed to the joint estate over 36 years, and depriving her of a half…

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• Putative Marriage
• Community Of Property
• Division Of Estate
• Matrimonial Property Regime

D.S v D.B (13336/16)

D.S v D.B (13336/16) [2017] ZAKZDHC 22 (15 May 2017)

Court

Kwazulu-Natal High Court, Durban

Case number

13336/16

Judge

Kruger

High Court judgment refusing amendment of divorce pleadings, granting separation of issues under Rule 33(4), dismissing a conflict-of-interest counter-application, and awarding costs against the plaintiff.

• Rule 33 4 Separation Of Issues
• Amendment Of Pleadings
• Putative Marriage
• Jurisdiction In Divorce Actions
• Prescription Of Claims
• Rule-33-4-separation-of-issues

S v S (71/2015)

S v S (71/2015) [2016] ZAFSHC 202 (15 December 2016)

Court

Free State High Court, Bloemfontein

Case number

71/2015

Judge

E K Tsatsi

The court found that the defendant's amended plea, although inelegant and self-drafted, disclosed a defence with reasonable clarity and was not bad in law. The plea sufficiently informed the plaintiff of the defendant's case, and the exception could not be upheld unless the plaintiff demonstrated that no cause of action was disclosed under any reasonable interpretation. The court held that the marriage between the parties, contracted after the repeal of the Black Administration Act, did not automatically become one in community of property, and the parties' conduct and documentation supported…

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• Matrimonial Property Regime
• Putative Marriage
• Exception Procedure
• Non Joinder
• Universal Partnership

Ramatshimbila v Phaswana (199/13)

Ramatshimbila v Phaswana (199/13) [2014] ZASCA 117 (19 September 2014)

Court

Supreme Court of Appeal

Case number

199/13

Judges

Cachalia, Willis, Saldulker, Zondi, Gorven

The Supreme Court of Appeal upheld an exception to the main claim in part, but allowed the alternative misrepresentation claim to stand and granted leave to amend.

• Putative Marriage
• Universal Partnership
• Non Joinder
• Fraudulent Misrepresentation
• Damages For Contumelia
• Exception Procedure

D.S and Another v G.R.M (50056/11)

D.S and Another v G.R.M (50056/11) [2013] ZAGPPHC 23 (5 February 2013)

Court

North Gauteng High Court, Pretoria

Case number

50056/11

Judge

MNGQIBISA-THUSI

The court declared a purported customary marriage null and void, but ordered the parties’ joint estate to be divided equally and costs to be paid separately.

• Customary Marriage
• Putative Marriage
• Universal Partnership
• Division Of Property
• Customary-marriage
• Putative-marriage