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South Africa decisions
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Moore and Others v National Director of Public Prosecutions (CA&R 59/2022) [2024] ZANCHC 30 (28 March 2024)
The Full Court upheld an appeal against POCA forfeiture, finding the respondent’s evidence was inadmissible hearsay and that the redistribution agreement permitted the sale.
P.V.M v Ngeno and Mteto Incorporated and Others (2022/045691) [2023] ZAGPPHC 1867 (3 November 2023)
The High Court dismissed an interdict over divorce-sale proceeds, upheld a counterapplication, and ordered the disputed proceeds paid to the former spouse.
Nkonyane and Another v Nkonyane and Others (2020/43035) [2023] ZAGPJHC 395 (28 April 2023)
The court found that the First Respondent was no longer in occupation of the property at the time the eviction application was launched, as he had left the premises and only some belongings remained. The PIE Act requires that a person be in occupation at the time of proceedings to qualify as an unlawful occupier. The mere presence of belongings does not constitute occupation. The Applicants failed to establish that the First Respondent was an unlawful occupier, and thus the application for eviction could not succeed. The court further held that any grievances regarding the estate distribution…
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National Director of Public Prosecutions v Moore and Others (628/2020) [2021] ZANCHC 38 (30 July 2021)
The court found that Ms Moore was not entitled to sell the Apian property in 2014, as she had been removed as executrix and the property formed part of the deceased estate. The redistribution agreement did not authorise her to sell the property before transfer, and she failed to pay the required bequest to the estate. The funds received from Mr Raadt were used to purchase the Barkly West properties, which were subsequently registered in a trust controlled by her son. The court held that these properties were proceeds of unlawful activities under POCA, as the acquisition was based on funds unl…
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Nxumalo and Others v Nxumalo and Others (14072/17P) [2020] ZAKZPHC 35 (4 August 2020)
The High Court dismissed an application to set aside a redistribution agreement and trust arrangements in a deceased estate, mainly for non-joinder of the trust and trustees.
Van der Merwe v De Klerk and Others (82534/2016) [2017] ZAGPPHC 593 (12 September 2017)
The Court found that the parties had no valid reason to deviate from the Will, and no challenge to its validity was raised. The executors failed to obtain approval from the Master for the Redistribution Agreement, and the Fourth and Fifth Respondents acted improperly in implementing it. The Court held that all transactions outside the Will were unauthorised and must be nullified. However, removal of the First Respondent as executrix was deemed unnecessary, as her primary function was to establish a Trust in terms of the Will. The administration of the estate must be restored to its position i…
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Van Reenen and Another v Van Reenen and Others (9071/07) [2011] ZAWCHC 22 (22 February 2011)
The court held that the applicants' claim to the respondents' undivided half-share in the property constitutes a 'debt' under section 10(1) of the Prescription Act. As the agreement was concluded in 1982 and no date for performance was stipulated, the obligation to transfer arose forthwith or within a reasonable time. Transfer of the property was effected in 1986, and a reasonable period for implementation had elapsed. Therefore, any claim based on the agreement has prescribed. The court further found that the agreement complied with section 2(1) of the Alienation of Land Act, as at the time…
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Nkhwashu v Nkhwashu N.O. (A1228/06) [2008] ZAGPHC 382 (16 October 2008)
Appeal dismissed. The High Court held that the executrix could take control of estate motor vehicles under section 26(1) of the Administration of Estates Act.
Shikoane v Shikoane and Others (5242/06) [2008] ZAGPHC 207 (14 May 2008)
The exception is upheld because the plaintiff's particulars of claim do not sufficiently disclose a cause of action. The absence of allegations regarding the date of death, the executor, and other potential heirs, as well as the lack of detail on the administration of the estate, renders the claim excipiable. The right to inherit as elder brother is subject to succession laws applicable in the North West Province, and the plaintiff must establish when and how his right vested. The Administration of Estates Act governs the administration and transfer of property, and any claim based on fraudul…
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Leboea v Leboea and Others (3339/2001) [2004] ZAFSHC 143 (23 September 2004)
The court found that Matseliso and Sellalane Leboea were married in community of property due to the declaration before the marriage officer. However, the estates were administered under the Black Administration Act, and the redistribution agreement reflected the parties' consensus, not a division per the Intestate Succession Act. The first defendant never accepted any inheritance, so no asset ever vested in the joint estate with the plaintiff. Section 15(3) of the Matrimonial Property Act did not apply, as there was no donation of a joint estate asset. The plaintiff was not impoverished and…
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