MG v BM and Others (10/37362) [2011] ZAGPJHC 173; 2012 (2) SA 253 (GSJ) (22 November 2011)

MG v BM and Others (10/37362) [2011] ZAGPJHC 173; 2012 (2) SA 253 (GSJ) (22 November 2011)

The court found that the applicant and the deceased entered into a valid customary marriage on 8 June 2000, satisfying all statutory requirements: both were adults, consented, and the marriage was negotiated and celebrated according to customary law. The evidence, including affidavits and corroboration from family members and the first respondent, established the existence of the marriage. The delay in registration was explained and, per section 4(9) of the Recognition of Customary Marriages Act, does not affect validity. The court held that the failure to obtain a court-approved matrimonial property contract under section 7(6) was not fatal, as the marriage occurred before the Act's...

Citation
[2011] ZAGPJHC 173
Parties
Applicant: M Z G; Respondent: BM; Respondent: Department of Home Affairs; Respondent: The Master of the South Gauteng High Court
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 November 2011
Case Number
10/37362
Procedural Posture
Civil Application / Judgment
Outcome
Application granted in favour of the applicant.
Judges
D S S Moshidi
Legal Topics
Customary Marriage, Recognition of Customary Marriages Act, Registration of Customary Marriage, Matrimonial Property Regime, Lobolo Negotiations
Family and Children Customary Marriage Recognition of Customary Marriages Act Registration of Customary Marriage Matrimonial Property Regime Lobolo Negotiations

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Parties

M Z G

Applicant

BM

Respondent

Department of Home Affairs

Respondent

The Master of the South Gauteng High Court

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether a valid customary marriage existed between the applicant and the deceased.
  2. 2 Whether the failure to register the customary marriage invalidates its existence.
  3. 3 Whether the absence of a court-approved matrimonial property contract under section 7(6) of the Recognition of Customary Marriages Act invalidates the marriage.

Ratio Decidendi

The court found that the applicant and the deceased entered into a valid customary marriage on 8 June 2000, satisfying all statutory requirements: both were adults, consented, and the marriage was negotiated and celebrated according to customary law. The evidence, including affidavits and corroboration from family members and the first respondent, established the existence of the marriage. The delay in registration was explained and, per section 4(9) of the Recognition of Customary Marriages Act, does not affect validity. The court held that the failure to obtain a court-approved matrimonial property contract under section 7(6) was not fatal, as the marriage occurred before the Act's...

Court Disposition

Application granted in favour of the applicant.

Orders

  • The late registration of the customary marriage between the applicant and the deceased on 8 June 2000 is condoned.
  • The Department of Home Affairs is ordered to register the customary marriage between the applicant and the deceased.