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South Africa decisions
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Cameron and Another v Wessels and Others (2842/2022) [2022] ZAFSHC 302 (7 November 2022)
The court dismissed an application to confirm and divide a habitatio right under a will, holding that the servitude had not yet been registered and the relief sought was premature.
Malope v Minister of Home Affairs and Others (2358/2021) [2022] ZAMPMBHC 80 (21 October 2022)
The court found that the Plaintiff and the deceased entered into a valid customary marriage on 4 November 2007, as lobola was negotiated and partially paid, and the Plaintiff was handed over to the deceased's family. The subsequent cohabitation and recognition by both families supported the existence of the marriage. The court held that the lack of registration did not affect validity, and that customary law requirements are flexible and may be waived by conduct. The marriage was not lawfully dissolved, as no court decree of divorce was obtained. The Plaintiff's subsequent relationship and se…
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Steenkamp N.O v Moeti and Others (A100/2021) [2022] ZAFSHC 65 (25 March 2022)
The court found that the first respondent was, in fact, an unlawful occupier under PIE, as the appellant, acting as Master’s representative, did not consent to his occupation. However, the court held that it would not be just and equitable to grant an eviction order. The appellant failed to demonstrate any necessity to sell the property, did not consult the heirs or Moeti family, and provided no evidence of estate liabilities requiring sale. The deceased’s Will intended the property to remain within the Moeti generation, and the respondent’s occupation was authorised by family elders in accor…
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Mnguni v Lekalakala and Others (2016/38042) [2022] ZAGPJHC 118 (16 February 2022)
The High Court granted an eviction order under PIE, finding the first respondent was an unlawful occupier and ordering temporary accommodation for one year.
Netshongolwe and Another v Netshongolwe and Others (32842/2019) [2022] ZAGPJHC 52 (4 February 2022)
The High Court dismissed an eviction application under PIE, finding the respondents had a valid right to occupy the property under a later will.
Mshengu v Estate Late Mshengu and Others (9223/2016P) [2021] ZAKZPHC 49 (6 August 2021)
The court held that the Recognition of Customary Marriages Amendment Act 1 of 2021 applies to polygamous customary marriages entered into before the commencement of the principal Act, and that the proprietary consequences are joint and equal ownership and management of marital property. The applicant is entitled to half of the family property allotted to her house, if any, and one third of the family property not allotted to any wife's house, if any. The deceased's will, which bequeathed the estate to the third respondent, is valid and not challenged, but does not override the proprietary rig…
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