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South Africa decisions
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J.E and Others v B.P.M (A36/2023; 2358/2021) [2024] ZAMPMBHC 29 (26 April 2024)
The High Court upheld a valid customary marriage, granted condonation for late appeal filings, and dismissed the appeal.
K.M v S.M and Another (A3067/2022) [2023] ZAGPJHC 498 (17 May 2023)
The appeal was upheld because the court a quo materially misdirected itself by admitting hearsay evidence without proper application of section 3(1) of the Law of Evidence Amendment Act and without confirmatory affidavits from those with personal knowledge. The existence of a genuine dispute of fact regarding the customary marriage was ignored, and the court failed to apply the principles from Plascon-Evans regarding motion proceedings. The evidence showed that the parties cohabited for nine years and had two children, and the absence of strict compliance with all customary rituals did not in…
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