A deceased businessman’s failure to dissolve his first customary marriage by divorce decree has left his family in a legal battle with his estranged first wife over a R3m estate.

The Star reports Tieu Coliphter Phage’s estranged customary wife, Mokgaetji Ledwaba – whom he left in 2008 after a year of marriage – staked her claim to his estate after his death in 2012.

The Polokwane Master of the High Court appointed Ledwaba as co-executrix of Phage’s estate along with Matsatsi Monyepao, whom he married in 2010, also under customary law, and lived with her until his death.

Legal battles between Monyepao and Ledwaba have been raging since the decision to appoint both as co-executrix.

Ledwaba argued in court that Monyepao only pushed to remove her as co-executrix after R3.8m was paid into Phage’s business accounts.

After two hearings in the Limpopo High Court (Polokwane), the first won by Monyepao and the last by Ledwaba on appeal, the matter is headed to the SCA.

Monyepao had convinced Deputy Judge President Fikile Mokgohloa that Ledwaba must forfeit her stake in the estate on grounds that her marriage to Phage was dissolved in February 2008 because of her misconduct.

Full report in The Star (subscription needed)