South Africa Case Law

M v M and Others (893/12)

M v M and Others (893/12) [2014] ZASCA 49; [2014] 2 All SA 644 (SCA); 2014 (4) SA 575 (SCA) (1 April 2014)

Court

Supreme Court of Appeal

Case number

893/12

Judges

Mthiyane DP, Petse JA, Saldulker JA, Van Zyl AJA, Legodi AJA

The Supreme Court of Appeal held that the appellant's customary marriage to the deceased, concluded in 1979 and registered in 1991, is valid and recognized under South African law. The registration certificate constitutes prima facie proof of the marriage, and no evidence of fraud was presented to rebut its authenticity. The civil marriage between the first respondent and the deceased, contracted in 1995, is null and void as it contravened section 1 of the Marriage and Matrimonial Property Law Amendment Act, which prohibits contracting a civil marriage during the subsistence of a customary un…

Source excerpt

• Customary Marriage Validity
• Civil Marriage Nullity
• Recognition Of Customary Marriages Act
• Marriage And Matrimonial Property Law Amendment Act