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South Africa decisions
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Modise v The Master of the High Court of South Africa and Others (42772/2019) [2022] ZAGPJHC 602 (26 August 2022)
Leave to appeal was refused after the court held the applicant’s purported marriage void and found no reasonable prospects of success.
M v P and Another (2021/48331) [2022] ZAGPJHC 594 (24 August 2022)
The court found that the applicant and first respondent entered into a valid customary marriage in August 2006, having satisfied all statutory requirements under the Recognition of Customary Marriages Act. The respondent's assertion that consent from his alleged first wife was required was unsupported by Pedi customary law or any authority. The respondent's version regarding a prior marriage was unsubstantiated and contradicted by documentary evidence, including a death certificate and affidavits. The court held that the lack of a matrimonial property contract under s 7(6) does not affect the…
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F.R v F.R (Born C.C.R) and Others (14770/2011) [2015] ZAWCHC 6; [2015] 2 All SA 352 (WCC) (29 January 2015)
The court held that, for purposes of South African law, the Islamic marriage between the Plaintiff and First Defendant was not validly contracted. However, the existence of the First Defendant's prior civil marriage does not constitute a bar to the Plaintiff's claim for proprietary relief arising from her Islamic marriage. The court relied on Constitutional Court authority, particularly Daniels v Campbell and Hassam v Jacobs, which extended statutory protections to spouses in Muslim marriages, including polygamous unions. The court found that the Divorce Act's reference to 'marriage' should b…
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