D.C.M v C.C.M (1235_22) 2025 ZASCA 55 (9 May 2025) Commencement value
This SCA judgment puts paid to the debate around whether or not a party can amend the commencement value stated in an antenuptial contract. This judgment endorses the MvM approach of Judge Opperman and the Full Bench in Pretoria, and expressly rejects the reasoning in the various differing judgments from other jurisdictions.
In short, once a commencement value has been stated in an antenuptial contract, it cannot later be changed. The SCA explains very clearly that there is a distinction between a contract and a unilateral statement, which is why commencement values included in a Section 6 statement are only prima facie proof, but commencement values agreed to between the parties are conclusive proof.