Dladla v Ndhlovu and Others (2022-13299) [2023] ZAGPJHC 1019 (11 September 2023)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2023 >> [2023] ZAGPJHC 1019 | Noteup | LawCite sino index ## Dladla v Ndhlovu and Others (2022-13299) [2023] ZAGPJHC 1019 (11 September 2023) Dladla v Ndhlovu and Others (2022-13299) [2023] ZAGPJHC 1019 (11 September 2023) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2023_1019.html sino date 11 September 2023 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, JOHANNESBURG CASE NO: 2022-13299 NOT REPORTABLE NOT OF INTEREST TO OTHER JUDGES REVISED 11/09/23 In the matter between: GAWULAPHI DLADLA APPLICANT And MABEL PHINDILE NDHLOVU FIRST RESPONDENT THE MINISTER OF HOME AFFAIRS SECOND RESPONDENT THE DIRECTOR GENERAL OF THE DEPARTMENT OF HOME AFFAIRS THIRD RESPONDENT THE MASTER OF SOUTH GAUTENG HIGH COURT FORTH RESPONDENT JUDGMENT WRIGHT J 1. On 21 May 2021, as part of the unopposed motion roll, I granted an order in favour of the present first respondent, Ms Ndlovu. The order declared that Ms Ndlovu had been married by custom to the late Mr Madondo. The order provided for the Master of the High Court to issue letters of executorship to Ms Ndlovu in the deceased estate of Mr Madondo. 2. The present applicant, Ms Dladla seeks now rescission of my earlier order. She says that she was married by custom to Mr Madondo in 1974, well before Ms Ndlovu and Mr Madondo purportedly got married. Ms Dladla says that she never consented to the customary marriage between Ms Ndlovu and Mr Madondo and therefor any marriage between them is invalid. What appear to be at stake are the rights of Ms Dladla and Ms Ndlovu to inherit from Mr Madondo. 3. Ms Dladla says that the first time she learnt of my order was on 10 December 2021, some seven months after it had been granted. She points out that she was not cited in the application before me. 4. The present application was launched some four or five month’s after Ms Dladla found out about my order. She explains that she did not have funds to approach a lawyer in time. In my view, this explanation is reasonable and there is no prejudice to the respondents. 5. Ms Dladla sets out a case in her founding affidavit regarding her marriage in 1974 to Mr Madondo. The answering affidavit of Ms Ndlovu raises huge disputes of fact. The replying affidavit contains factual allegations and evidence which should have been placed in founding affidavit. 6. These disputes of fact cannot be adjudicated on paper. 7. Ms Dladla has no legal standing to rescind the earlier order and no right to participate in the estate of Mr Madondo unless she proves her marriage to Mr Madondo. In these circumstances, she is at this stage entitled to condonation for the late bringing of the present application but the matter needs to go to trial. 8. Had I known of the fact that Ms Dladla had an interest in the matter, if in fact she has such interest, I would not have granted the order sought now to be rescinded and Ms Dladla would be entitled to request a rescission of my order. Because her standing is of cardinal importance to her application, the matter needs a trial. ORDER 1. The applicant is granted for condonation for the lateness of the application. 2. The notice of motion stands as a simple summons. 3. The notice of intention to oppose stands as a notice of intention to defend. 4. The applicant is to deliver a declaration by 30 September 2023. 5. Thereafter, the matter proceeds as a trial action. 6. Costs reserved. GC Wright Judge of the High Court Gauteng Division, Johannesburg HEARD  : 11 September 2023 DELIVERED : 11 September 2023 APPEARANCES  : APPLICANT Adv Nhlakanipho Edward Mbhele 071 154 2966 nzacalaw@gmail.com Instructed by Nzaca Attorneys 011 860 0285 1 st RESPONDENT Att Tafara Mukwani 074 631 1482 tafara@mukwaniattorney.co.za Instructed by T. Mukwani Attorneys 011 331 0072 / 074 631 1482 tafara@mukwaniattorneys.co.za sino noindex make_database footer start