Zwane v Zwane and Others (2362/2021) [2024] ZAMPMBHC 25 (11 March 2024)

Zwane v Zwane and Others (2362/2021) [2024] ZAMPMBHC 25 (11 March 2024)

The court found that the applicant was customarily married to the deceased in 1972, based on credible affidavits, evidence of lobola negotiations, and the conduct of the parties. The mere denial by the first and second respondents was not sufficient to create a genuine dispute of fact. The court held that all three wives had long-term relationships with the deceased, lived in his properties, and bore his children, indicating equal status. The civil marriage to the first respondent was declared null and void, and all three marriages were ordered to be registered and treated equally for succession purposes. The judgment was grounded in the constitutional right to equality, the Recognition...

Citation
[2024] ZAMPMBHC 25
Parties
Applicant: Thandi Constance Zwane; Respondent: Mary Zwane; Respondent: Nqobile Robert Zwane; Respondent: Joan Zwane; Respondent: Master of the High Court, Mpumalanga Division; Respondent: Minister of Home Affairs
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
11 March 2024
Case Number
2362/2021
Procedural Posture
Urgent Application / Final Judgment After Opposed Application
Outcome
Application granted with costs; all three marriages recognised and treated equally for succession.
Judges
Pick
Legal Topics
Recognition of Customary Marriages Act, Equality Before the Law, Succession and Inheritance, Nullification of Civil Marriage, Living Customary Law, Registration of Marriages
Family and Children Civil Procedure Constitutional Law Recognition of Customary Marriages Act Equality Before the Law Succession and Inheritance Nullification of Civil Marriage Living Customary Law +1 more

Case Brief

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Parties

Thandi Constance Zwane

Applicant

Mary Zwane

Respondent

Nqobile Robert Zwane

Respondent

Joan Zwane

Respondent

Master of the High Court, Mpumalanga Division

Respondent

Minister of Home Affairs

Respondent

Procedural Posture

Urgent Application / Final Judgment After Opposed Application

Legal Issues

  1. 1 Whether the applicant was customarily married to the deceased in 1972.
  2. 2 Whether the deceased's civil marriage to the first respondent should be nullified.
  3. 3 Whether all three wives should be treated equally in succession to the deceased's estate.

Ratio Decidendi

The court found that the applicant was customarily married to the deceased in 1972, based on credible affidavits, evidence of lobola negotiations, and the conduct of the parties. The mere denial by the first and second respondents was not sufficient to create a genuine dispute of fact. The court held that all three wives had long-term relationships with the deceased, lived in his properties, and bore his children, indicating equal status. The civil marriage to the first respondent was declared null and void, and all three marriages were ordered to be registered and treated equally for succession purposes. The judgment was grounded in the constitutional right to equality, the Recognition...

Court Disposition

Application granted with costs; all three marriages recognised and treated equally for succession.

Orders

  • The civil marriage between the first respondent and the deceased is declared null and void.
  • The civil marriage of the first respondent to the deceased shall be equal in status to the customary marriages of the deceased to the applicant and the third respondent.