Ndlovu v Mokoena and Others (2973/09) [2009] ZAGPPHC 29; 2009 (5) SA 400 (GNP) (20 April 2009)

Ndlovu v Mokoena and Others (2973/09) [2009] ZAGPPHC 29; 2009 (5) SA 400 (GNP) (20 April 2009)

The court found that although lobolo was partly paid for the First Respondent, there was no evidence of delivery or cohabitation, and the deceased himself denied being married to her in official court documents. The marriage officer relied solely on the lobolo document without considering other necessary requirements for a valid customary marriage. The evidence presented by the applicant, including maintenance court records and affidavits from family members, supported the conclusion that no valid customary marriage existed between the deceased and the First Respondent. Consequently, the marriage certificate issued for the First Respondent was invalid and set aside. Only the applicant was...

Citation
[2009] ZAGPPHC 29
Parties
Applicant: Mihloti Lydia Ndlovu; Respondent: Velaphi Neslie Mokoena; Respondent: Department of Education; Respondent: Department of Home Affairs
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 April 2009
Case Number
2973/09
Procedural Posture
Review Application / Final Judgment
Outcome
Application granted; only the applicant was validly married to the deceased. The marriage certificate for the First Respondent is set aside.
Judges
Van Rooyen
Legal Topics
Customary Marriage, Marriage Certificate Review, Lobolo Payment, Delivery of Spouse, Maintenance Order
Family and Children Civil Procedure Customary Marriage Marriage Certificate Review Lobolo Payment Delivery of Spouse Maintenance Order

Case Brief

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Parties

Mihloti Lydia Ndlovu

Applicant

Velaphi Neslie Mokoena

Respondent

Department of Education

Respondent

Department of Home Affairs

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether a valid customary marriage existed between the deceased and the First Respondent.
  2. 2 Whether the marriage certificate issued for the First Respondent and the deceased should be set aside.
  3. 3 Whether the applicant is the only valid customary wife of the deceased.

Ratio Decidendi

The court found that although lobolo was partly paid for the First Respondent, there was no evidence of delivery or cohabitation, and the deceased himself denied being married to her in official court documents. The marriage officer relied solely on the lobolo document without considering other necessary requirements for a valid customary marriage. The evidence presented by the applicant, including maintenance court records and affidavits from family members, supported the conclusion that no valid customary marriage existed between the deceased and the First Respondent. Consequently, the marriage certificate issued for the First Respondent was invalid and set aside. Only the applicant was...

Court Disposition

Application granted; only the applicant was validly married to the deceased. The marriage certificate for the First Respondent is set aside.

Orders

  • It is declared that only the Applicant was validly married to the Deceased.
  • The marriage certificate issued as to the customary marriage between the First Respondent and the Deceased is set aside as invalid.