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2025
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[2025] ZAGPPHC 568
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Mentoor v Magongoa and Others (084823/2023) [2025] ZAGPPHC 568 (2 June 2025)
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
Case
No: 084823/2023
(1)
REPORTABLE: No
(2)
OF INTEREST TO OTHER JUDGES: No
(3)
REVISED
2
June 2025
WRIGHT
J
In
the matter between:
RENEILWE
LEGAE
MENTOOR
APPLICANT
and
ELIZABETH
NALEDI MAGONGOA
(
In her capacity as executrix )
FIRST RESPONDENT
NELSON
MAGONGOA
SECOND RSPONDENT
MASTER
OF THE HIGH COURT
THIRD RESPONDENT
(
Estate 7115/23 )
JUDGMENT
WRIGHT J
1.
The applicant, Ms Mentoor is the daughter of a man who passed away on
10 August 2023. The first respondent,
Ms Mangogoa is a relative of Ms
Mentoor. Ms Mangogoa is the appointed executrix in the deceased
estate. The cited second respondent,
also a relative, has apparently
passed away since the launch of the application. The third respondent
apparently does not oppose
the application.
2.
Ms Mentoor seeks a range of orders. The Master is to remove Ms
Mangogoa as executrix, Ms Mangogoa is
to disclose information and
make payments to the estate and related relief is sought.
3.
Ms Mentoor says, in a somewhat terse founding affidavit, that
she agreed to the appointment of
Ms Mangogoa as executrix in
circumstances where she was deceived. Many irregularities in the
winding up of the estate are alleged.
4.
Ms Mangogoa’s late answering affidavit raises huge disputes of
fact which cannot be resolved on
paper. Ms Mangogoa seeks condonation
for the late filing of her answering affidavit as family deaths
caused the affidavit to be
late.
5.
On 1 June 2025, the day before the present hearing, an affidavit was
filed by Ms Engelbrecht, the
agent of the present executor, Ms
Elizabeth Magongoa, the first respondent. She says that 85% of the
estate has been completed.
Ms Engelbrecht is not a party to the
present application. She wishes to be joined. Mr Ramapuputla, for the
present applicant opposes
such joinder. In the circumstances, the
matter should be postponed and Ms Engelbrecht put on terms to deliver
her application.
6.
In her answering affidavit, Ms Elizabeth Magongoa raises the defence
of the non-joinder of Ms Engelbrecht.
7.
I make no finding on the question of whether or not Ms Engelbrecht
can or should be joined.
8.
What complicates matters is that there is a related application,
which it seems, may overlap the present
application. In that
application, an order has been made referring the matter to evidence
or trial on at least one issue.
9.
In the circumstances, costs should be reserved.
ORDER
1. The matter
is removed from the roll, costs reserved.
2. Ms
Engelbrecht must launch her application to intervene by 17 June 2025
at 4pm.
GC Wright
Judge of the High Court
Gauteng Division, Johannesburg
HEARD
:
2 June 2025
DELIVERED
: 2 June 2025
APPEARANCES :
Applicant
Att
NE Ramapuputla
Instructed
by
Ramapuputla
Attorneys Inc
ramapuputla.attorneys@gmail.com
First
Respondent
Mr
CL Mabasa
Instructed
by
Mabasa
CL Attorneys Inc
mabasaclattorneys@gmail.com
admin@mabasaclattorneys.co.za
For
Ms Engelbrecht
Adv
L Keijser
Instructed
by
Pistorius
Scheepers