Nthutang v Phetlu and Others [2023] ZAGPPHC 471; 2605/2022 (9 June 2023)

Nthutang v Phetlu and Others [2023] ZAGPPHC 471; 2605/2022 (9 June 2023)

The court found that the first defendant failed to prove the existence of a valid customary marriage to the deceased. The evidence presented, including conflicting accounts of the lobola payment, lack of cohabitation, and absence of consent or celebration in accordance with customary law, did not satisfy the requirements of the Recognition of Customary Marriages Act. The court noted that the first defendant did not object to the deceased's subsequent civil marriage to the plaintiff and did not act as a spouse for many years. The balance of probabilities indicated that the claim of a customary marriage was a posthumous contrivance. Accordingly, the plaintiff was declared the sole lawful...

Citation
[2023] ZAGPPHC 471
Parties
Plaintiff: Jessie Kedisaletse Nthutang; Defendant: Magadi Bernice Phetlu; Defendant: Government Employees Pension Fund; Defendant: Government Pension Administration Agency
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 June 2023
Case Number
20605/2022
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiff's claim succeeds; first defendant's claim to pension benefits fails.
Judges
Nyathi
Legal Topics
Customary Marriage, Recognition of Customary Marriages Act, Pension Benefits, Burden of Proof
Family and Children Civil Procedure Customary Marriage Recognition of Customary Marriages Act Pension Benefits Burden of Proof

Case Brief

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Parties

Jessie Kedisaletse Nthutang

Plaintiff

Magadi Bernice Phetlu

Defendant

Government Employees Pension Fund

Defendant

Government Pension Administration Agency

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the first defendant was customarily married to the deceased, Dibe Jacob Nthutang.
  2. 2 Whether the first defendant is entitled to share in the deceased's pension benefits.
  3. 3 Whether the requirements for a valid customary marriage under the Recognition of Customary Marriages Act were met.

Ratio Decidendi

The court found that the first defendant failed to prove the existence of a valid customary marriage to the deceased. The evidence presented, including conflicting accounts of the lobola payment, lack of cohabitation, and absence of consent or celebration in accordance with customary law, did not satisfy the requirements of the Recognition of Customary Marriages Act. The court noted that the first defendant did not object to the deceased's subsequent civil marriage to the plaintiff and did not act as a spouse for many years. The balance of probabilities indicated that the claim of a customary marriage was a posthumous contrivance. Accordingly, the plaintiff was declared the sole lawful...

Court Disposition

Plaintiff's claim succeeds; first defendant's claim to pension benefits fails.

Orders

  • The first defendant was not customarily married to the deceased Jacob Dibe Nthutang and is not entitled to his pension benefits.
  • Any purported marriage between the first defendant and the deceased is declared null and void.