A recent ruling by the High Court in Johannesburg has added complexity to an estate matter involving a woman who married her late sister’s husband, igniting a debate over inheritance and marital status.
The court determined that Mpine Phasha, who married her deceased sister’s husband, Fredis Phasha, could not be the sole executor of Fredis’ estate, as she was not his only wife.
This case shines a spotlight on customary marriage practices and inheritance issues within South Africa.
Fredis Phasha’s marital history involves a marriage to Mathebela Phasha in 1976, which produced four children. However, due to Mathebela’s illness in 1980, her family invoked Sepedi customs, requesting her sister Mpine to assume her role as a wife. Mpine and Fredis subsequently married, also leading to the birth of four children.
When Fredis passed away on February 21, 2021, family elders in the Phasha family chose Mathebela and Fredis’ son, Mokgwale Phasha, as the executor of the estate. However, this case took a twist when Mathebela passed away on June 28, 2021.
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The controversy emerged when it was discovered that Mpine had been appointed as the executor of Fredis’ estate without consulting the family elders. Mokgwale launched an application in November 2021 to ensure that the executorship aligned with the family’s wishes.
The estate, which includes various assets such as private cars and livestock valued at R99,000, has become a subject of dispute, prompting the court’s intervention.
High Court Judge Shanaaz Christine Mia considered both parties’ arguments and emphasized that Mpine’s actions effectively marginalized her sister Mathebela, going as far as disregarding her presence in the estate.
Judge Mia highlighted that there was no justifiable basis for favoring one spouse over the other and that this practice contradicted constitutional principles and legal statutes.
Judge Mia underscored that Mpine should not be granted a superior status to Mokgwale’s mother within the marriage. She asserted that under these circumstances, the allocation of the spouses’ portion of the estate could not be exclusively assigned to one spouse, as this would run contrary to constitutional values and legal intentions.
The court’s ruling mandated that the Master of the High Court acknowledge Mokgwale as the co-executor of the estate. In addition, Mpine was prohibited from making any changes or transactions concerning immovable properties until the case’s conclusion. She was also directed to provide Mokgwale with comprehensive information about the estate’s bank accounts and any related financial matters.
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