Van Heerden AJ
[9] The Starke sisters argue that, should the High Court order be confirmed, they will suffer prejudice by being deprived of their vested rights as their late brother’s intestate heirs.[1] While they make no specific submissions in respect of paragraph 1 of the High Court order, they contend that paragraphs 2 and 3 of the order should not be confirmed, that reading-in is not the appropriate remedy and that any order made by this Court should apply only to the intestate estates of persons who die after the order is handed down. The Starke sisters do not seek costs from any party in this matter.
[10]While Mr Bell does not oppose the Starke sisters’ application for intervention, he opposes the relief sought by them. He also applies to intervene should their application be granted. Like the Starke sisters, Mr Bell does not seek costs. Neither Mr Kolver nor the Minister opposes the application for intervention by the Starke sisters, or the conditional application to intervene by Mr Bell. Mr Gory, on the other hand, takes the view that there is no merit in the Starke sisters’ application and that it should be dismissed with costs.
Applications for leave to intervene
- ↑ In terms of section 1(1)(e)(i) of the Act, which provides that –
“[i]f after the commencement of this Act a person (hereinafter referred to as the ‘deceased’) dies intestate, either wholly or in part, and – … (e) is not survived by a spouse or descendant or parent, but is survived – (i) by – … (bb) descendants of his deceased parents who are related to the deceased through both such parents … the intestate estate shall be divided into two equal shares and the descendants related to the deceased through the deceased mother shall inherit one half of the estate and the descendants related to the deceased through the deceased father shall inherit the other half of the estate”.
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