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South Africa Case Law

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Family And Children [2022] ZAGPPHC 544

Phele and Another v Sibanyoni and Others (28059/2021)

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

The court declared a 1991 customary marriage valid, found a later 2007 civil marriage void, and ordered related estate and registration relief.

  • Recognition Of Customary Marriages Act
  • Validity Of Customary Marriage
  • Nullity Of Civil Marriage
  • Registration Of Customary Marriage
  • Executorship Of Estate
  • Customary-marriage
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Family And Children [2020] ZAECMHC 51

Ngcwabe-Sobekwa v Sitela and Others (1155/2020)

Ngcwabe-Sobekwa v Sitela and Others (1155/2020) [2020] ZAECMHC 51 (20 October 2020)

The court held that a prior customary marriage was valid and binding, and declared a later civil marriage null and void because it was contracted during that subsisting union.

  • Recognition Of Customary Marriages Act
  • Validity Of Customary Marriage
  • Nullity Of Civil Marriage
  • Registration Of Customary Marriage
  • Spousal Consent
  • Matrimonial Property Amendment Act
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Family And Children [2015] ZAGPPHC 142

Nhlapo v Mahlangu and Others (59900/14)

Nhlapo v Mahlangu and Others (59900/14) [2015] ZAGPPHC 142 (20 March 2015)

The High Court upheld the applicant’s customary marriage and set aside the later civil and customary marriages involving the deceased.

  • Recognition Of Customary Marriages Act
  • Validity Of Customary Marriage
  • Nullity Of Civil Marriage
  • Consent Requirement In Polygamous Marriages
  • Registration Of Customary Marriage
  • Customary-marriage
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.