Pecirep and Others v Phakisa and Another (259/2018) [2018] ZANCHC 81 (17 August 2018)

Pecirep and Others v Phakisa and Another (259/2018) [2018] ZANCHC 81 (17 August 2018)

The court found that, on the balance of probabilities, a valid customary marriage was concluded between the first respondent and the deceased on 6 December 2014. The applicants' absence from magadi negotiations was consistent with custom, and documentary evidence supported the occurrence of the ceremony and payment of magadi. The registering officer was satisfied with the information provided and was not required to seek confirmatory affidavits from the applicants. The delay in registration was explained and not prohibited by the Act. The patrimonial consequences of the marriage were not relevant to its validity. The applicants failed to present evidence refuting the prima facie proof of...

Citation
[2018] ZANCHC 81
Parties
Applicant: Ellen Nomangoma Pecirep; Applicant: Kamogolo Gaabatlhole; Applicant: Vilencia Setlhamo; Respondent: Lerato Venetta Phakisa; Respondent: Minister of Home Affairs
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
17 August 2018
Case Number
259/2018
Procedural Posture
Review Application / Opposed Motion; Final Judgment
Outcome
Application dismissed with costs.
Judges
Vuma
Legal Topics
Customary Marriage, Registration of Customary Marriage, Validity of Marriage, Magadi Payment, Patrimonial Consequences
Family and Children Civil Procedure Customary Marriage Registration of Customary Marriage Validity of Marriage Magadi Payment Patrimonial Consequences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ellen Nomangoma Pecirep

Applicant

Kamogolo Gaabatlhole

Applicant

Vilencia Setlhamo

Applicant

Lerato Venetta Phakisa

Respondent

Minister of Home Affairs

Respondent

Procedural Posture

Review Application / Opposed Motion; Final Judgment

Legal Issues

  1. 1 Whether a valid customary marriage was concluded between the first respondent and the deceased on 6 December 2014.
  2. 2 Whether the registering officer of the second respondent properly considered all relevant facts before registering the marriage and issuing the certificate.

Ratio Decidendi

The court found that, on the balance of probabilities, a valid customary marriage was concluded between the first respondent and the deceased on 6 December 2014. The applicants' absence from magadi negotiations was consistent with custom, and documentary evidence supported the occurrence of the ceremony and payment of magadi. The registering officer was satisfied with the information provided and was not required to seek confirmatory affidavits from the applicants. The delay in registration was explained and not prohibited by the Act. The patrimonial consequences of the marriage were not relevant to its validity. The applicants failed to present evidence refuting the prima facie proof of...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.