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Mtsweni v Matenchi and Others (3950/2021) [2024] ZALMPPHC 116 (11 September 2024)
The High Court dismissed an application to confirm a customary marriage and invalidate a later civil marriage, finding insufficient proof of a valid customary union.
Gama v Mchunu and Others (10/37362) [2015] ZAGPJHC 273 (22 November 2015)
The court found that the applicant and the deceased entered into a valid customary marriage on 8 June 2000, satisfying all requirements under section 3(1) of the Recognition of Customary Marriages Act. The evidence, including affidavits and documentary proof, established that both families participated in lobolo negotiations and that the first respondent consented to the marriage. The failure to register the marriage timeously was not fatal, as section 4(9) of the Act provides that non-registration does not affect validity. The court distinguished the present facts from M M v M N, noting that…
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MG v BM and Others (10/37362) [2011] ZAGPJHC 173; 2012 (2) SA 253 (GSJ) (22 November 2011)
The court found that the applicant and the deceased entered into a valid customary marriage on 8 June 2000, satisfying all statutory requirements: both were adults, consented, and the marriage was negotiated and celebrated according to customary law. The evidence, including affidavits and corroboration from family members and the first respondent, established the existence of the marriage. The delay in registration was explained and, per section 4(9) of the Recognition of Customary Marriages Act, does not affect validity. The court held that the failure to obtain a court-approved matrimonial…
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