Vukeya v Ntshane and Others

The first respondent and her late husband were married in community of property. During the subsistence of the marriage, the husband sold and transferred immovable property forming part of the joint estate to the appellant without the first respondent’s knowledge or written consent, as required by s 15(2)(a) of the Matrimonial Property Act 88 of 1984. At the time of the sale in 2009, the deceased was living alone on the property and represented himself as unmarried. Official conveyancing documents, including the deed of transfer and power of attorney, also described him as unmarried. After the husband’s death in 2013 and upon her appointment as executrix, the first respondent discovered the sale and applied to the High Court to have the transfer cancelled. The High Court granted the relief. The appellant appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The High Court’s order cancelling the deed of transfer was set aside and replaced with an order dismissing the application with costs.

The case confirms and applies the Supreme Court of Appeal’s jurisprudence on s 15(9)(a) of the Matrimonial Property Act, reinforcing the balance between protecting non-consenting spouses and bona fide third-party purchasers. It underscores that deemed consent will operate where a purchaser neither knew nor could reasonably have known of the lack of spousal consent, thereby promoting certainty in property transactions involving married persons.