Cape Town - The Western Cape High Court has overturned a decision ordering the City of Cape Town mayor to administer a trust to safeguard a family home on behalf of a minor child.
The child was orphaned after Babsy Ntamehlo strangled, partially burnt and buried his estranged wife Nosicelo Tsipa’s body in a shallow grave in Fisantekraal after they fought over the RDP house they were living in.
Ntamehlo was convicted of the murder and sentenced to life in prison in 2023.
A ruling made by Judge Daniel Thulare declared that the minor left behind should receive the house, and ordered mayor Geordin Hill-Lewis to establish, without delay, a trust for the child’s benefit, and to assist in upholding the child’s rights of freehold ownership of the house.
However, Hill-Lewis approached the court with an application for leave to intervene and for leave to appeal, stating the court lacked jurisdiction to grant the order; that the criminal trial was not “a matter concerning the child”; and that he was not a party to the proceedings before the court.
After his application was first dismissed, the Supreme Court of Appeal granted the mayor leave to appeal on February 27 this year. The appeal was heard in the Western Cape High Court on August 16.
On Tuesday, it was ruled that the previous order be nullified.
The City said it welcomed the court’s decision.
“The ruling affirms that court orders must at all times uphold children’s rights by citing the correct, constitutionally mandated parts of the state responsible for the protection of the interests of minor children.
“The full bench further held that it is a recognised common law principle that someone who intentionally and unlawfully murders another cannot benefit under the will of the deceased, nor in terms of the laws of intestacy.
“Therefore, there was no need for the court to have attempted to develop the common law in order to prevent the father of the minor from inheriting the house in question.
“The full bench held that the executive mayor can only act within the confines of the powers bestowed on him in terms of national legislation and that there is no provision in the municipal budget for the establishment of trusts for minor children,” the City said.
Cape Argus