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Bwanya v Master of the High Court, Cape Town and Others is an important decision in the South African law of succession and particularly the law of intestate succession.It was decided by the Constitutional Court of South Africa on 31 December 2021 with a majority judgment written by Justice Mbuyiseli Madlanga.
The Western Cape Division of the High Court of South Africa (previously named the Cape Provincial Division and the Western Cape High Court, and commonly known as the Cape High Court) is a superior court of law with general jurisdiction over the Western Cape province of South Africa (except for the Murraysburg district which falls within the jurisdiction of the Eastern Cape Division). [1]
The registrar keeps all the official court documents. The family advocate must be consulted on all matters involving children, as the High Court is the "upper guardian" of all children in South Africa. The Master of the High Court keeps all the records relating to people's estates (whether they are deceased or insolvent).
The Western Cape Division at Cape Town; The origins of the High Court lie in the Supreme Courts of the four colonies (the Cape Colony, Transvaal Colony, Natal Colony and Orange River Colony) from which the Union of South Africa was formed; these became provincial
Juleiga Daniels's husband died intestate in 1994; the main item in the deceased's estate was the couple's home in Cape Town.Because the couple had been married by Muslim rites, without solemnisation under the Marriage Act, 1961, the Master of the High Court found that Daniels could not inherit the deceased's estate or receive maintenance from it; such a marriage did not qualify her as a ...
Volks v Robinson (2005) and Jane Bwanya v The Master of the High Court, Cape Town (2021) [ edit ] Volks v Robinson looked at whether a law providing for surviving spouses to receive maintenance from a deceased person's estate was unconstitutional on the grounds that it did not include unmarried cohabitants.
The table below lists the judgments of the Constitutional Court of South Africa delivered in 2021. The members of the court at the start of 2021 were Chief Justice Mogoeng Mogoeng , Deputy Chief Justice Raymond Zondo , and judges Chris Jafta , Sisi Khampepe , Mbuyiseli Madlanga , Steven Majiedt , Nonkosi Mhlantla , Leona Theron and Zukisa Tshiqi .
A superior court was first established at Grahamstown in 1864, as the Court of the Eastern Districts of the Cape of Good Hope, to ease access to justice for the residents of what is now the Eastern Cape. [1] The Eastern Districts Court was subordinate to the Supreme Court of the Cape of Good Hope in Cape Town, which had concurrent jurisdiction ...