Ngwenyama v Mayelane and Another (474/2011)
Ngwenyama v Mayelane and Another (474/2011) [2012] ZASCA 94; 2012 (4) SA 527 (SCA); 2012 (10) BCLR 1071 (SCA); [2012] 3 All SA 408 (SCA) (1 June 2012)
The Supreme Court of Appeal held that s 7(6) of the Recognition of Customary Marriages Act 120 of 1998 is not intended to invalidate subsequent customary marriages for non-compliance. The section regulates proprietary consequences, not the validity of the marriage itself. The requirements for a valid customary marriage are set out in s 3 of the Act, and there is no express provision that non-compliance with s 7(6) results in nullity. The duty to apply for approval of a proprietary contract is placed on the husband, and it would be unjust to penalise the wife for his failure. A purposive and c…
Source excerpt
- Customary Marriage
- Recognition Of Customary Marriages Act
- Proprietary Consequences
- Polygamy
- Statutory Interpretation
- Equality Rights