key to the study guide - Name

108
a factual problem in an assignment or examination paper which mentions
a number of juristic acts that a spouse married in community of property is
planning to perform. You may then be asked to indicate which form of
consent has to be obtained for each juristic act.
ACTIVITY
Mr and Mrs Khumalo were married in community of property on 18
February 1995. Mrs Khumalo concludes the following transactions:
(1) She registers a servitude (a right of way) over the plot belonging to her
and Mr Khumalo, in favour of Mr Manamela, the owner of the
adjacent plot. The following day Mr Khumalo gives his written
consent, which is attested by two competent witnesses, to this
transaction.
(2) She concludes a contract in terms of which she stands surety for debts
her brother incurred. While speaking to Mrs Khumalo on the
telephone, Mr Khumalo consented to this transaction.
(3) She concludes a contract in terms of which she burdens the house
belonging to her and Mr Khumalo, with a mortgage. Mr Khumalo
consented beforehand in writing to this transaction. Mrs Khumalo's
mother signed as the only witness.
(4) She sells a coffee table to her neighbour without obtaining Mr
Khumalo's consent. She also sells their broken washing machine since
Mr Khumalo wanted to dispose of it the previous day.
(5) She applies to the court for an interdict forbidding their neighbour to
carry on his trade as a mechanic, which he practises until after 21:00
every night. Mrs Khumalo has Mr Khumalo's written consent to take
these steps.
(6) She receives R1 000 from Mr Williams which he owed to Mr Khumalo
on account of a business transaction. Mr Khumalo never discussed his
business with his wife and also never authorised her to receive the
money.
(7) She concludes a contract in terms of which she purchases land on
which she wants to erect chicken-coops and other buildings in order to
extend her poultry farm. Mr Khumalo is totally unaware of this
transaction.
(8) She buys securities on the stock exchange without Mr Khumalo's
consent.
Indicate in each case whether Mrs Khumalo has acted lawfully in terms of
the provisions of the Matrimonial Property Act 88 of 1984. Briefly explain
your answer in each case.
FEEDBACK
(1) Prior written consent, attested by two competent witnesses was
necessary for this transaction. Mrs Khumalo therefore did not act