South Africa Case Law

N.N and Others v B.N and Others (3932/2024)

N.N and Others v B.N and Others (3932/2024) [2025] ZAECMHC 46 (5 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

3932/2024

Judge

Mhambi

The court found that the first applicant and the deceased concluded a valid customary marriage in 1978, supported by evidence of lobola and customary ceremonies. The marriage was never dissolved by a court decree, as required by section 8(1) of the Recognition of Customary Marriages Act. Separation, desertion, or unilateral repudiation does not constitute dissolution of a customary marriage under South African law. The civil marriage between the deceased and the first respondent was contracted during the subsistence of the customary marriage and is therefore null and void ab initio. The court…

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• Customary Marriage Dissolution
• Recognition Of Customary Marriages Act
• Civil Marriage Nullity
• Registration Of Customary Marriage
• Irretrievable Breakdown
• Spousal Consent

Malunga and Another v Sanqela (A93/2024)

Malunga and Another v Sanqela (A93/2024) [2025] ZAWCHC 133; [2025] 3 All SA 173 (WCC) (24 March 2025)

Court

Western Cape High Court, Cape Town

Case number

A93/2024

Judges

Allie, Da Silva-Salie, Holderness

The court held that the agreement constituted an alienation of shares as envisaged by section 15(2)(c) of the Matrimonial Property Act, as the option to purchase shares had been exercised and the agreement was binding. The respondent, Ms Sanqela, or her attorney, failed to make reasonable enquiries regarding the marital regime and spousal consent, as required by section 15(9)(a). The failure to discharge this duty meant that the protection of deemed consent was not available. The agreement was not entered into in the ordinary course of business, and ministerial approval for transfer of fishin…

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• Shareholders Agreement
• Matrimonial Property Act
• Spousal Consent
• Option Contract
• Ministerial Approval
• Enforceability Of Contract

Standard Bank of South Africa Limited v Van Staden and Another (10690/2023)

Standard Bank of South Africa Limited v Van Staden and Another (10690/2023) [2024] ZAWCHC 142 (28 May 2024)

Court

Western Cape High Court, Cape Town

Case number

10690/2023

Judge

Gassner AJ

The court found that the defendants failed to establish a bona fide defence to Standard Bank's claim. The prescription period applicable to the debt is thirty years, not three, as the debt was secured by a mortgage bond and Botha v Standard Bank is clear authority. The National Credit Act's reckless credit provisions do not apply to the pre-existing loan agreement or the suretyship, as confirmed by the transitional provisions and relevant case law. The spousal consent was validly obtained and signed, and the defendants' bare assertions regarding lack of understanding or explanation of the sur…

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• Suretyship Liability
• Mortgage Bond Prescription
• National Credit Act
• Reckless Credit
• Summary Judgment
• Spousal Consent

Velocity Finance (RF) Limited v Naidoo (7434/20)

Velocity Finance (RF) Limited v Naidoo (7434/20) [2023] ZAGPJHC 1404 (4 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

7434/20

Judge

C.A.C. Korf

Summary judgment was refused in a vehicle-finance dispute because the defendant raised a bona fide defence and the plaintiff failed to prove the cession.

• Summary Judgment
• Cession Of Rights
• Instalment Sale Agreement
• Consumer Protection
• Defective Goods
• Spousal Consent

Molefe v Mamutshavhi and Others (57041/2020)

Molefe v Mamutshavhi and Others (57041/2020) [2023] ZAGPPHC 1917 (14 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

57041/2020

Judge

Erasmus AJ

The applicant failed to provide evidence that the second and third respondents knew or could reasonably have known that the first respondent was married. The marriage was not registered, and the sale agreement indicated the seller was unmarried. Section 15(9)(a) of the Matrimonial Property Act protects bona fide third parties in such circumstances. There is no legal duty on the purchaser to investigate the marital status beyond the representations made in the sale agreement. The application for setting aside the sale and transfer is dismissed, and costs are awarded against the applicant. Cond…

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• Matrimonial Property Act
• Sale Of Immovable Property
• Spousal Consent
• Condonation Of Late Filing
• Costs Orders

Rooplal N.O. v Pelesa (22424/2019)

Rooplal N.O. v Pelesa (22424/2019) [2023] ZAGPPHC 1 (10 January 2023)

Court

North Gauteng High Court, Pretoria

Case number

22424/2019

Judge

N Davis

The High Court enforced two VBS credit agreements, rejecting defences of lack of spousal consent, reckless lending, over-indebtedness, and factual dispute.

• National Credit Act
• Matrimonial Property Act
• Spousal Consent
• Reckless Lending
• Over Indebtedness
• Spousal-consent

Thusheni v Minister of Home Affairs and Others (2021/36333)

Thusheni v Minister of Home Affairs and Others (2021/36333) [2022] ZAGPJHC 343 (23 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/36333

Judge

Moorcroft

The court found that there were fundamental disputes of fact regarding whether a customary marriage was concluded between the applicant and the deceased. The evidence presented by the applicant was insufficient and contested by the sixth respondent, who denied the existence of marriage celebrations and cohabitation. The court emphasized that spousal consent is central to the validity of a customary marriage, but the facts could not be resolved on the papers. Given the irreconcilable disputes and the lack of clear evidence, the application for late registration of the customary marriage was di…

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• Customary Marriage Registration
• Recognition Of Customary Marriages Act
• Disputes Of Fact
• Spousal Consent
• Costs Order

Triple M Prop (Pty) Ltd v Setshedi (59290/18)

Triple M Prop (Pty) Ltd v Setshedi (59290/18) [2021] ZAGPPHC 770 (15 November 2021)

Court

North Gauteng High Court, Pretoria

Case number

59290/18

Judge

E van der Schyff

The High Court dismissed an exception to particulars of claim in a spousal-consent property dispute, holding the pleadings disclosed a cause of action.

• Matrimonial Property Act
• Spousal Consent
• Void Sale Of Property
• Exception Procedure
• Community Of Property
• Declaratory Relief

Ngcwabe-Sobekwa v Sitela and Others (1155/2020)

Ngcwabe-Sobekwa v Sitela and Others (1155/2020) [2020] ZAECMHC 51 (20 October 2020)

Court

Eastern Cape High Court, Mthatha

Case number

1155/2020

Judge

Dawood

The court held that a prior customary marriage was valid and binding, and declared a later civil marriage null and void because it was contracted during that subsisting union.

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Nullity Of Civil Marriage
• Registration Of Customary Marriage
• Spousal Consent
• Matrimonial Property Amendment Act

M.O.M v M.M and Others (HCA30/2017)

M.O.M v M.M and Others (HCA30/2017) [2018] ZALMPPHC 65 (19 October 2018)

Court

Limpopo High Court, Polokwane

Case number

HCA30/2017

Judges

M.G Phatudi, M.F Kganyago, G.C Muller

The court found that the deceased and appellant were married in community of property and jointly invested R800,000 in a fixed deposit. The deceased subsequently transferred the investment into the name of the first respondent without the appellant's written consent, in violation of section 15(2)(c) of the Matrimonial Property Act. The court rejected the respondent's claim that the asset was a valid donation, finding no credible evidence of the appellant's consent or knowledge. The transaction was deemed a fraudulent alienation of a joint estate asset, intended to deprive the appellant of her…

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• Matrimonial Property Act
• Alienation Of Joint Estate Assets
• Donation Of Joint Estate Assets
• Spousal Consent
• Interpretation Of Statutes