THE SUPREME COURT OF APPEAL
OF SOUTH AFRICA

MEDIA SUMMARY – JUDGMENT DELIVERED IN THE
SUPREME COURT OF APPEAL
MEDIA SUMMARY – JUDGMENT DELIVERED IN COURT OF
APPEAL
30 May 2018

STATUS: Immediate

ST v CT (1224/16)

Please note that the media summary is intended for the benefit of the media and
does not form part of the judgment of the Supreme Court of Appeal

1.
The Supreme Court of Appeal (the SCA) today upheld in part an appeal by
the appellant (Mr ST) in a divorce matter. The SCA overturned findings and orders of
the Western Cape Division of the High Court in Cape Town regarding accrual and
maintenance.

2.
The SCA held that, notwithstanding adverse credibility findings justifiably
having been made against the appellant, Mr ST, it did not warrant the rejection of all
his evidence regarding his estate. His version had to be tested against the objective
facts and, absent any controverting evidence, had to be accepted where it was
borne out by the objective facts.

3.
The SCA held that a prenuptial waiver of maintenance after divorce by the
respondent, Mrs CT, contained in an antenuptial contract was invalid and
unenforceable. The majority held that the basis for invalidity was that such a waiver
was against public policy, namely s 7 of the Divorce Act 70 of 1979. The minority
held that the basis for invalidity was that an agreement concluded prenuptially
cannot override a court’s statutory power (in s 7 of the Divorce Act) to grant
maintenance upon divorce.

4.
The SCA further held that a party required to disclose assets in terms of s 7 of
the Matrimonial Property Act 88 of 1984, must establish proper compliance. A party
who avers that certain assets are excluded from her or his estate for purposes of
calculating the accrual bears the burden of proof to establish such exclusion and the
nexus between excluded assets and current assets.

5.
Lastly, the SCA held that a living annuity does not form part of a party’s estate
for purposes of a calculation of accrual.

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