, NAME : XXXXXXXXXXXXXXXXXXX
STUDENT NUMBER: XXXXXXXXXXXXXXX
ASSIGNMENT UNIQUE NUMBER: XXXXXXXX
MODULE CODE: XXXXXXXXXXXXXX
SUBJECT: XXXXXXXXXXXXXX
ASSIGNMENT NUMBER: 02
Case summary
Mans v Mans (CCT95/19) [2020] ZACC 09
Facts
This matter relates to an application for leave to appeal against a judgment and order of
the Supreme Court of Appeal.1 The matter is about the contractual freedom of married
persons Mr Heinrich Mans and Mrs Anita Mans. The appellant and the respondent got
married to each other on August 28, 1993, out of community of property with the
exclusion of the accrual system.2 The appellant later on drafted another agreement in
the course of their marriage, which was signed by the respondent on November 10,
2014. The new contract purported to set aside certain terms of the ante-nuptial contract
by entitling the applicant to half of the respondent’s estate and for him to pay her
maintenance.3 On November 30, 2014, the respondent demanded for a divorce. 4
Subsequently, the respondent issued summons for divorce in the Regional Court. 5 The
appellant filed a counterclaim seeking, among other things, a declaratory order that the
1
Mans v Mans ( CCT95/19) ZACC 09 ( unreported case).
2
Id para 2.
3
Id para 3.
4
Id para 6.
5
Id para 7.
STUDENT NUMBER: XXXXXXXXXXXXXXX
ASSIGNMENT UNIQUE NUMBER: XXXXXXXX
MODULE CODE: XXXXXXXXXXXXXX
SUBJECT: XXXXXXXXXXXXXX
ASSIGNMENT NUMBER: 02
Case summary
Mans v Mans (CCT95/19) [2020] ZACC 09
Facts
This matter relates to an application for leave to appeal against a judgment and order of
the Supreme Court of Appeal.1 The matter is about the contractual freedom of married
persons Mr Heinrich Mans and Mrs Anita Mans. The appellant and the respondent got
married to each other on August 28, 1993, out of community of property with the
exclusion of the accrual system.2 The appellant later on drafted another agreement in
the course of their marriage, which was signed by the respondent on November 10,
2014. The new contract purported to set aside certain terms of the ante-nuptial contract
by entitling the applicant to half of the respondent’s estate and for him to pay her
maintenance.3 On November 30, 2014, the respondent demanded for a divorce. 4
Subsequently, the respondent issued summons for divorce in the Regional Court. 5 The
appellant filed a counterclaim seeking, among other things, a declaratory order that the
1
Mans v Mans ( CCT95/19) ZACC 09 ( unreported case).
2
Id para 2.
3
Id para 3.
4
Id para 6.
5
Id para 7.
