South Africa Case Law

M.W v C.W (2462/2019)

M.W v C.W (2462/2019) [2025] ZANCHC 34 (11 April 2025)

Court

Northern Cape High Court, Kimberley

Case number

2462/2019

Judge

Nxumalo

The court found that the marriage between the plaintiff and the third party was not valid due to non-compliance with the prescribed formalities under the Marriage Act and applicable regulations. The marriage officer lacked authority, and the marriage was never registered with the Department of Home Affairs. The evidence established that the impugned marriage was null and void ab initio, and thus did not affect the validity of the subsequent marriage between the plaintiff and the defendant. The defendant failed to show good cause for condonation of late application for reasons, and the special…

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• Nullity Of Marriage
• Marriage Act Formalities
• Registration Of Marriage
• Declaratory Order
• Accrual System
• Maintenance Claim

S.B v B.B and Another (6014/2022)

S.B v B.B and Another (6014/2022) [2024] ZAECMHC 45 (4 June 2024)

Court

Eastern Cape High Court, Mthatha

Case number

6014/2022

Judge

Kunju

The court referred to oral evidence a dispute over whether the applicant had a prior customary marriage that would make his later civil marriage a nullity.

• Customary Marriage
• Nullity Of Marriage
• Oral Evidence
• Rule 6 5 G
• Proprietary Consequences
• Customary-marriage

Bobani v Benge and Others (428/2018)

Bobani v Benge and Others (428/2018) [2022] ZAECBHC 8 (14 April 2022)

Court

Eastern Cape High Court, Bhisho

Case number

428/2018

Judge

M.S. Jolwana

The High Court declared a purported 1986 marriage null and void because the deceased’s prior marriage had not been dissolved, and set aside the estate appointment.

• Bigamous Marriage
• Estate Administration
• Letters Of Authority
• Nullity Of Marriage
• Bigamous-marriage
• Nullity-of-marriage

Mahlangu v Ntuli and Others (23571/2020)

Mahlangu v Ntuli and Others (23571/2020) [2021] ZAGPPHC 584 (7 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

23571/2020

Judge

Nyathi

The court found that the applicant failed to establish the existence of a valid customary marriage with the first respondent, as her evidence was insufficient and lacked necessary detail. The third respondent's version was supported by documentary and factual evidence, including dates, events, and identities of role players. The absence of the first respondent's version and the delay in bringing the application undermined the applicant's case. The court held that the application was brought in bad faith, likely as a result of collusion between the applicant and the first respondent to avoid p…

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• Customary Marriage Registration
• Nullity Of Marriage
• Declaratory Relief
• Dispute Of Fact
• Costs Order

Hardie v Jansen and Others (19339/2014)

Hardie v Jansen and Others (19339/2014) [2015] ZAWCHC 104 (30 July 2015)

Court

Western Cape High Court, Cape Town

Case number

19339/2014

Judge

Goliath

The court found, on the balance of probabilities and in light of overwhelming expert medical evidence, that Professor Hardie suffered from advanced dementia and Parkinson's disease at the time of the marriage. His cognitive impairments were severe, and he lacked the capacity to understand the nature and consequences of marriage. The marriage officer's concerns, corroborated by contemporaneous notes and medical reports, further supported the conclusion that the deceased could not provide valid consent. The first respondent failed to present credible evidence to refute the medical findings and…

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• Capacity To Marry
• Nullity Of Marriage
• Mental Incapacity
• Declaratory Relief
• Costs Order

D.V.L v N.B.M (Born L) and Another (2579/2010)

D.V.L v N.B.M (Born L) and Another (2579/2010) [2014] ZAGPPHC 1005 (20 November 2014)

Court

North Gauteng High Court, Pretoria

Case number

2579/2010

Judge

Modiba

The High Court dismissed an application to rescind an order declaring a civil marriage void, finding no fraud or iustus error and holding the applicant bore the consequences of omitted facts.

• Rescission Of Judgment
• Customary Marriage
• Condonation
• Nullity Of Marriage
• Rescission-of-judgment
• Customary-marriage

Mafuya v Lizwe (15290/12)

Mafuya v Lizwe (15290/12) [2013] ZAWCHC 195 (10 September 2013)

Court

Western Cape High Court, Cape Town

Case number

15290/12

Judge

N P Boqwana

The applicant failed to provide sufficient expert evidence to establish that the deceased lacked mental capacity at the time of the marriage. The respondent's version, supported by the Plascon-Evans rule, must be accepted, as the applicant did not reply to the respondent's assertion that the deceased was in a lucid interval. The evidence presented, including letters from healthcare professionals, was inadequate and lacked proper supporting affidavits. Furthermore, the applicant's credibility is undermined by her previous application seeking to validate the deceased's will, which required him…

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• Mental Capacity To Marry
• Nullity Of Marriage
• Motion Proceedings
• Lucidum Intervalum

Mafuya v Lizwe (15290/12)

Mafuya v Lizwe (15290/12) [2013] ZAWCHC 133 (10 September 2013)

Court

Western Cape High Court, Cape Town

Case number

15290/12

Judge

N P Boqwana

The applicant failed to provide sufficient expert evidence to prove that the deceased lacked mental capacity to marry at the relevant time. The respondent's version, supported by the absence of a replying affidavit and the application of the Plascon-Evans rule, must be accepted. The applicant's credibility is further undermined by her contradictory stance in previous proceedings regarding the deceased's mental capacity. The evidence presented, including letters from non-experts and the lack of affidavits from witnesses to the marriage, is insufficient to support the relief sought. Accordingly…

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• Mental Capacity To Marry
• Nullity Of Marriage
• Motion Proceedings
• Evidentiary Requirements

M.M v M.N and Another (29241/09)

M.M v M.N and Another (29241/09) [2010] ZAGPPHC 24 (24 March 2010)

Court

North Gauteng High Court, Pretoria

Case number

29241/09

Judge

E Bertelsmann

The court held that the Recognition of Customary Marriages Act requires a husband in a customary marriage who wishes to enter into a further marriage to obtain a court-approved contract regulating the matrimonial property system. The failure to comply with this requirement renders the subsequent marriage void, as the Act's imperative language and its purpose to protect the rights of existing spouses and children leave no room for discretion. The first respondent's marriage to the deceased was not preceded by such a contract and is therefore void. The applicant's marriage, concluded before the…

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• Recognition Of Customary Marriages Act
• Customary Marriage Registration
• Matrimonial Property System
• Nullity Of Marriage
• Proprietary Consequences
• Constitutional Rights Of Spouses

Nkwanyana and Others v Mbambo and Others (5756/2005)

Nkwanyana and Others v Mbambo and Others (5756/2005) [2007] ZAKZHC 32; [2008] 1 All SA 375 (D) (9 November 2007)

Court

High Courts - Kwazulu Natal

Case number

5756/2005

Judge

Rowan

The High Court held that no valid marriage ceremony took place on 19 January 2005, declared the purported marriage null and void, and ordered costs against the first respondent.

• Marriage Act 1961
• Validity Of Marriage
• Customary Marriage
• Evidence Of Handwriting
• Nullity Of Marriage
• Validity-of-marriage