Mkhari v Minister of Department of Home Affairs (1129/2021) [2022] ZALMPPHC 32 (27 June 2022)

Mkhari v Minister of Department of Home Affairs (1129/2021) [2022] ZALMPPHC 32 (27 June 2022)

The plaintiff failed to discharge the onus of proving the existence of a valid civil marriage with the deceased. She did not call any witness from the Department of Home Affairs to verify the authenticity of the marriage register or certificate, nor did she testify about the signatures on the alleged register. The evidence presented was insufficient to establish the validity of the marriage, and crucial questions regarding the sequence of marriages involving the deceased remained unresolved. Without adequate proof, the court could not find in favour of the plaintiff, and absolution from the instance was warranted.

Citation
[2022] ZALMPPHC 32
Parties
Plaintiff: Maria Mohlatlego Mkhari; Defendant: Minister of Department of Home Affairs
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
27 June 2022
Case Number
1129/2021
Procedural Posture
Civil Trial / Absolution From the Instance at Close of Plaintiff's Case
Outcome
Absolution from the instance granted with costs.
Judges
Kganyago
Legal Topics
Validity of Civil Marriage, Onus of Proof, Absolution From the Instance
Family and Children Civil Procedure Validity of Civil Marriage Onus of Proof Absolution From the Instance

Case Brief

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Parties

Maria Mohlatlego Mkhari

Plaintiff

Minister of Department of Home Affairs

Defendant

Procedural Posture

Civil Trial / Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the plaintiff proved the existence of a valid civil marriage with the deceased.
  2. 2 Whether the purported marriage between the deceased and the defendant should be declared null and void.
  3. 3 Whether the plaintiff discharged the onus of proof regarding her marriage to the deceased.

Ratio Decidendi

The plaintiff failed to discharge the onus of proving the existence of a valid civil marriage with the deceased. She did not call any witness from the Department of Home Affairs to verify the authenticity of the marriage register or certificate, nor did she testify about the signatures on the alleged register. The evidence presented was insufficient to establish the validity of the marriage, and crucial questions regarding the sequence of marriages involving the deceased remained unresolved. Without adequate proof, the court could not find in favour of the plaintiff, and absolution from the instance was warranted.

Court Disposition

Absolution from the instance granted with costs.

Orders

  • Absolution from the instance is granted with costs on party and party scale.