M.J.M v N.C.M and Others (HCAA 04/2022) [2022] ZALMPPHC 69 (6 December 2022)

M.J.M v N.C.M and Others (HCAA 04/2022) [2022] ZALMPPHC 69 (6 December 2022)

The majority found that the appellant had proved, on a balance of probabilities, the existence of a customary marriage with the deceased, registered on 13 March 1979, as evidenced by annexure FA 3. The court held that this document, containing the appellant's and deceased's particulars and the date of marriage, constituted prima facie proof under section 4(8) of the Recognition of Customary Marriages Act. There was no evidence of fraud or illegality to rebut this presumption. Consequently, the subsequent civil marriage between the deceased and the first respondent, contracted on 23 December 1996, was a nullity in terms of section 1(2) of the Marriage and Matrimonial Property Law Amendment...

Citation
[2022] ZALMPPHC 69
Parties
Appellant: M[....]1 J[....] M[....]2; Respondent: N[....] C[....] M[....]2; Respondent: Master of the High Court, Thohoyandou; Respondent: Minister of Home Affairs, RSA; Respondent: University of Venda; Respondent: Sanlam Limited
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
6 December 2022
Case Number
HCAA 04/2022
Procedural Posture
Civil Appeal / Appeal From Judgment of Court of First Instance
Outcome
Appeal upheld. The order of the court of first instance is set aside and replaced.
Judges
Ledwaba AJ, F Kganyago J, G J Diamond AJ
Legal Topics
Recognition of Customary Marriages Act, Validity of Customary Marriage, Civil Marriage Nullity, Registration of Marriage, Prima Facie Proof, Administration of Deceased Estates
Family and Children Civil Procedure Recognition of Customary Marriages Act Validity of Customary Marriage Civil Marriage Nullity Registration of Marriage Prima Facie Proof Administration of Deceased Estates

Case Brief

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Parties

M[....]1 J[....] M[....]2

Appellant

N[....] C[....] M[....]2

Respondent

Master of the High Court, Thohoyandou

Respondent

Minister of Home Affairs, RSA

Respondent

University of Venda

Respondent

Sanlam Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment of Court of First Instance

Legal Issues

  1. 1 Whether the appellant proved the existence of a valid customary marriage with the deceased.
  2. 2 Whether the civil marriage between the deceased and the first respondent was valid in light of the alleged subsisting customary marriage.
  3. 3 Whether documentary evidence such as an identity document endorsement constitutes prima facie proof of a customary marriage under section 4(8) of the Recognition of Customary Marriages Act.

Ratio Decidendi

The majority found that the appellant had proved, on a balance of probabilities, the existence of a customary marriage with the deceased, registered on 13 March 1979, as evidenced by annexure FA 3. The court held that this document, containing the appellant's and deceased's particulars and the date of marriage, constituted prima facie proof under section 4(8) of the Recognition of Customary Marriages Act. There was no evidence of fraud or illegality to rebut this presumption. Consequently, the subsequent civil marriage between the deceased and the first respondent, contracted on 23 December 1996, was a nullity in terms of section 1(2) of the Marriage and Matrimonial Property Law Amendment...

Court Disposition

Appeal upheld. The order of the court of first instance is set aside and replaced.

Orders

  • The late service and filing of the appeal is condoned.
  • It is declared that M[....]1 J[....] M[....]2 and L[....] R[....] M[....]2 were married by customary marriage registered on 13 March 1979.