Nhlapo v Mahlangu and Others (59900/14) [2015] ZAGPPHC 142 (20 March 2015)

Nhlapo v Mahlangu and Others (59900/14) [2015] ZAGPPHC 142 (20 March 2015)

The court found that the applicant's customary marriage to the deceased was valid, as all requirements under the Recognition of Customary Marriages Act were met, including lobola negotiations, celebration, and incorporation into the husband's family. The lack of registration did not affect validity. The civil marriage between the first respondent and the deceased was declared null and void, as it was contracted during the subsistence of a valid customary marriage, contrary to statutory prohibition. The subsequent customary marriage with the first respondent was also declared invalid, as it lacked the applicant's consent, a requirement under Ndebele custom and constitutional principles of...

Citation
[2015] ZAGPPHC 142
Parties
Applicant: Lina Sesi Nhlapo; Respondent: Lillian Mahlangu; Respondent: Minister of Home Affairs; Respondent: Master of the North Gauteng High Court, Pretoria
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 March 2015
Case Number
59900/14
Procedural Posture
Review Application / Final Judgment
Outcome
The application is granted. The applicant's customary marriage is declared valid; the civil and subsequent customary marriages of the first respondent are declared null and void.
Judges
D S Molefe
Legal Topics
Recognition of Customary Marriages Act, Validity of Customary Marriage, Nullity of Civil Marriage, Consent Requirement in Polygamous Marriages, Registration of Customary Marriage
Family and Children Recognition of Customary Marriages Act Validity of Customary Marriage Nullity of Civil Marriage Consent Requirement in Polygamous Marriages Registration of Customary Marriage

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Parties

Lina Sesi Nhlapo

Applicant

Lillian Mahlangu

Respondent

Minister of Home Affairs

Respondent

Master of the North Gauteng High Court, Pretoria

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether the customary marriage between the applicant and the deceased is valid.
  2. 2 Whether the civil marriage between the first respondent and the deceased is valid.
  3. 3 Whether the customary marriage between the first respondent and the deceased is valid.

Ratio Decidendi

The court found that the applicant's customary marriage to the deceased was valid, as all requirements under the Recognition of Customary Marriages Act were met, including lobola negotiations, celebration, and incorporation into the husband's family. The lack of registration did not affect validity. The civil marriage between the first respondent and the deceased was declared null and void, as it was contracted during the subsistence of a valid customary marriage, contrary to statutory prohibition. The subsequent customary marriage with the first respondent was also declared invalid, as it lacked the applicant's consent, a requirement under Ndebele custom and constitutional principles of...

Court Disposition

The application is granted. The applicant's customary marriage is declared valid; the civil and subsequent customary marriages of the first respondent are declared null and void.

Orders

  • The customary marriage between the applicant and the deceased, Thomas Jack Mahlangu, contracted on 29 April 2000 is declared valid.
  • The civil marriage between the first respondent and the deceased is declared null and void.