Lonwabo Hlakanyane v Ziyanda Hlakanyane

The parties were married in community of property on 22 December 2015. Prior to the marriage, in 2011, the respondent was injured in a motor vehicle accident and received non-patrimonial (general) damages of R800 000. She invested R550 000 of this amount in an interest-bearing account. During subsequent divorce proceedings instituted by the appellant in 2018, a dispute arose as to whether this investment formed part of the joint estate or was excluded under s 18(a) of the Matrimonial Property Act 88 of 1984.

The appeal was upheld with no order as to costs. The order of the Eastern Cape Division of the High Court, Mthatha was set aside and replaced with an order declaring that the respondent’s investment forms part of the joint estate for purposes of division.

The case authoritatively clarifies that s 18(a) of the Matrimonial Property Act does not exclude from the joint estate non-patrimonial delictual damages received before a marriage in community of property. It confirms that, absent an antenuptial contract, all pre-marital assets fall into the joint estate upon marriage, thereby providing certainty in matrimonial property disputes involving personal injury awards.