Ngobeni v Ngobeni (24844/03) [2005] ZAGPHC 53 (12 May 2005)

Ngobeni v Ngobeni (24844/03) [2005] ZAGPHC 53 (12 May 2005)

The court found that the applicant and the deceased were married in community of property since 1975 and that there was no proof of divorce. The respondent's assertion of divorce was unsupported by documentary evidence. Consequently, the civil marriage between the deceased and the respondent was declared null and void, as two civil marriages cannot co-exist. The respondent's conditional counterclaim for recognition of a putative marriage was dismissed, as the circumstances amounted to bigamy. The applicant was declared the widow of the deceased in terms of civil law. However, the order does not preclude the respondent and her children from submitting claims as heirs in the deceased's...

Citation
[2005] ZAGPHC 53
Parties
Applicant: Elizabeth Bakgonneng Ngobeni; Respondent: Moshibudi Betty Seabela (Ngobeni)
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
12 May 2005
Case Number
24844/03
Procedural Posture
Civil Application / Final Judgment
Outcome
Application granted in favour of the applicant; respondent's counterclaim dismissed.
Judges
Ranchod
Legal Topics
Nullity of Marriage, Customary Law Marriage, Bigamy, Putative Marriage, Succession Rights
Family and Children Civil Procedure Nullity of Marriage Customary Law Marriage Bigamy Putative Marriage Succession Rights

Case Brief

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Parties

Elizabeth Bakgonneng Ngobeni

Applicant

Moshibudi Betty Seabela (Ngobeni)

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the civil marriage between the deceased and the respondent was valid in law.
  2. 2 Whether the applicant remained legally married to the deceased at the time of his death.
  3. 3 Whether the respondent's marriage to the deceased could be declared a putative marriage.

Ratio Decidendi

The court found that the applicant and the deceased were married in community of property since 1975 and that there was no proof of divorce. The respondent's assertion of divorce was unsupported by documentary evidence. Consequently, the civil marriage between the deceased and the respondent was declared null and void, as two civil marriages cannot co-exist. The respondent's conditional counterclaim for recognition of a putative marriage was dismissed, as the circumstances amounted to bigamy. The applicant was declared the widow of the deceased in terms of civil law. However, the order does not preclude the respondent and her children from submitting claims as heirs in the deceased's...

Court Disposition

Application granted in favour of the applicant; respondent's counterclaim dismissed.

Orders

  • The registration of the marriage between the respondent and the late Peki Philemon Ngobeni by the Department of Home Affairs as a civil marriage is declared null and void.
  • The applicant is declared to be the widow of the late Peki Philemon Ngobeni in terms of civil law.