Phele and Another v Sibanyoni and Others (28059/2021) [2022] ZAGPPHC 544 (19 July 2022)

Phele and Another v Sibanyoni and Others (28059/2021) [2022] ZAGPPHC 544 (19 July 2022)

The court found that the first applicant and the deceased entered into a valid customary marriage on 29 September 1991, supported by confirmation from the Ndebele Kingdom Authorities and other documentary evidence. The marriage was never dissolved and, in terms of section 3(2) of the Recognition of Customary Marriages Act, the deceased was not competent to enter into a civil marriage with the first respondent while the customary marriage subsisted. The failure to register the customary marriage did not affect its validity, as per section 4(9) of the Act. The first respondent's challenge was unsupported by evidence, and her argument that the matter should be referred to oral evidence was...

Citation
[2022] ZAGPPHC 544
Parties
Applicant: Dipuo Andronica Phele; Applicant: Leah Sibanyoni; Respondent: Maria Joyce Sibanyoni; Respondent: Minister of Home Affairs; Respondent: The Master of the High Court, Pretoria; Respondent: BJ Mhlongo Attorneys Inc.
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 July 2022
Case Number
28059/2021
Procedural Posture
Urgent Application / Part B: Determination of Validity of Marriages
Outcome
Application granted in favour of the first applicant; customary marriage declared valid, civil marriage declared null and void, and related estate relief ordered.
Judges
Sardiwalla
Legal Topics
Recognition of Customary Marriages Act, Validity of Customary Marriage, Nullity of Civil Marriage, Registration of Customary Marriage, Executorship of Estate
Family and Children Civil Procedure Recognition of Customary Marriages Act Validity of Customary Marriage Nullity of Civil Marriage Registration of Customary Marriage Executorship of Estate

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Parties

Dipuo Andronica Phele

Applicant

Leah Sibanyoni

Applicant

Maria Joyce Sibanyoni

Respondent

Minister of Home Affairs

Respondent

The Master of the High Court, Pretoria

Respondent

BJ Mhlongo Attorneys Inc.

Respondent

Procedural Posture

Urgent Application / Part B: Determination of Validity of Marriages

Legal Issues

  1. 1 Whether the customary marriage between the first applicant and the deceased is valid.
  2. 2 Whether the civil marriage between the first respondent and the deceased is null and void due to the subsistence of the customary marriage.
  3. 3 Whether the first applicant is entitled to registration of the customary marriage and related estate relief.

Ratio Decidendi

The court found that the first applicant and the deceased entered into a valid customary marriage on 29 September 1991, supported by confirmation from the Ndebele Kingdom Authorities and other documentary evidence. The marriage was never dissolved and, in terms of section 3(2) of the Recognition of Customary Marriages Act, the deceased was not competent to enter into a civil marriage with the first respondent while the customary marriage subsisted. The failure to register the customary marriage did not affect its validity, as per section 4(9) of the Act. The first respondent's challenge was unsupported by evidence, and her argument that the matter should be referred to oral evidence was...

Court Disposition

Application granted in favour of the first applicant; customary marriage declared valid, civil marriage declared null and void, and related estate relief ordered.

Orders

  • The customary marriage between the first applicant and the deceased contracted on 29 September 1991 is declared valid.
  • The civil marriage between the first respondent and the deceased contracted on 8 February 2007 is declared null and void.