Aaron Ngqongqoza Mchunu, a taxi owner, died intestate in April 1997 leaving a substantial estate. He was married to the respondent by customary union, while the second and third appellants also claimed to be customary wives. A magistrate appointed an attorney, Mashele, as estate representative under regulation 4(1) of the Regulations under s 23(10) of the Black Administration Act 38 of 1927. Mashele prepared a liquidation and distribution account allocating estate assets among the respondent and the second and third appellants. Although the account was approved by the magistrate, the respondent refused to hand over certain taxis allocated to the second and third appellants. Mashele’s mandate was later terminated and the first appellant was appointed by the magistrate as substitute representative. The respondent resisted the substitution and cooperation, contending the estate had been finalized and devolved under customary law. The High Court dismissed the appellants’ application, holding that substitution was incompetent once the account was approved. The appellants appealed to the Supreme Court of Appeal.
The appeal was upheld. The order of the High Court was set aside and replaced with an order authorising the first appellant, as estate representative, to collect all undistributed estate assets and directing the respondent to cooperate. The respondent was ordered to pay costs, subject to limitations. Condonation was granted for late filing of heads, with costs against the appellants, and punitive costs-related limitations were imposed on the first appellant.
The case clarifies the powers of magistrates under the Black Administration Act Regulations, confirming that approval of an account does not necessarily finalize an estate and that substitution of an estate representative is competent where assets remain undistributed. It distinguishes the regulatory regime from the Administration of Estates Act and affirms continued supervisory authority of magistrates. The judgment is important for deceased estates administered under customary-law-related statutory frameworks.