M v M and Others (893/12) [2014] ZASCA 49; [2014] 2 All SA 644 (SCA); 2014 (4) SA 575 (SCA) (1 April 2014)

M v M and Others (893/12) [2014] ZASCA 49; [2014] 2 All SA 644 (SCA); 2014 (4) SA 575 (SCA) (1 April 2014)

The Supreme Court of Appeal held that the appellant's customary marriage to the deceased, concluded in 1979 and registered in 1991, is valid and recognized under South African law. The registration certificate constitutes prima facie proof of the marriage, and no evidence of fraud was presented to rebut its authenticity. The civil marriage between the first respondent and the deceased, contracted in 1995, is null and void as it contravened section 1 of the Marriage and Matrimonial Property Law Amendment Act, which prohibits contracting a civil marriage during the subsistence of a customary union. The court found that the high court erred in dismissing the appellant's application and...

Citation
[2014] ZASCA 49
Parties
Appellant: T[…] M[…] M[…]; Respondent: N[…] C[…] M[…]; Respondent: Minister of Home Affairs; Respondent: Master of High Court
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 April 2014
Case Number
893/12
Procedural Posture
Civil Appeal / Appeal From Limpopo High Court, Thohoyandou
Outcome
Appeal upheld; high court order set aside and replaced.
Judges
Mthiyane DP, Petse JA, Saldulker JA, Van Zyl AJA, Legodi AJA
Legal Topics
Customary Marriage Validity, Civil Marriage Nullity, Recognition of Customary Marriages Act, Marriage and Matrimonial Property Law Amendment Act
Family and Children Civil Procedure Customary Marriage Validity Civil Marriage Nullity Recognition of Customary Marriages Act Marriage and Matrimonial Property Law Amendment Act

Case Brief

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Parties

T[…] M[…] M[…]

Appellant

N[…] C[…] M[…]

Respondent

Minister of Home Affairs

Respondent

Master of High Court

Respondent

Procedural Posture

Civil Appeal / Appeal From Limpopo High Court, Thohoyandou

Legal Issues

  1. 1 Whether the appellant was lawfully married to the deceased under customary law.
  2. 2 Whether the civil marriage between the first respondent and the deceased was valid given the subsistence of a customary union.
  3. 3 Whether the registration certificate of the customary marriage constitutes conclusive proof of its existence.

Ratio Decidendi

The Supreme Court of Appeal held that the appellant's customary marriage to the deceased, concluded in 1979 and registered in 1991, is valid and recognized under South African law. The registration certificate constitutes prima facie proof of the marriage, and no evidence of fraud was presented to rebut its authenticity. The civil marriage between the first respondent and the deceased, contracted in 1995, is null and void as it contravened section 1 of the Marriage and Matrimonial Property Law Amendment Act, which prohibits contracting a civil marriage during the subsistence of a customary union. The court found that the high court erred in dismissing the appellant's application and...

Court Disposition

Appeal upheld; high court order set aside and replaced.

Orders

  • The appeal is upheld with costs.
  • The order of the court below is set aside and substituted with: (a) The customary marriage between the appellant and the deceased contracted in 1979 is declared valid. (b) The civil marriage contracted between the first respondent and the deceased on 2 August 1995 is declared null and void. (c) The first respondent...