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South Africa decisions
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Mkhari v Minister of Department of Home Affairs (1129/2021) [2022] ZALMPPHC 32 (27 June 2022)
The High Court granted absolution from the instance after the plaintiff failed to prove a valid civil marriage with the deceased.
Lebese v Lebese and Others (HCAA14/18) [2019] ZALMPPHC 54 (29 October 2019)
The appeal succeeded. The High Court set aside the court a quo’s order and declared the later civil marriage null and void, with the marriage record expunged.
C.M.M v E.B and Others (29212/2012) [2014] ZAGPPHC 545 (11 July 2014)
High Court judgment on a disputed customary marriage and later civil marriage, holding that the customary marriage had been dissolved before the civil marriage and dismissing the application.
Netshituka v Netshituka and Others (426/10) [2011] ZASCA 120; 2011 (5) SA 453 (SCA); [2011] 4 All SA 63 (SCA) (20 July 2011)
The Supreme Court of Appeal held that the civil marriage between the first respondent and the deceased was null and void, as it was contracted while the deceased was a partner in subsisting customary unions with Tshinakaho and Diana Netshituka. The court found that the intention of the parties and their continued cohabitation after the deceased's divorce from Martha revived the customary unions. Section 22 of the Black Administration Act, as amended, clearly prohibited the solemnization of a civil marriage in these circumstances. Regarding the validity of the will, the court found no evidence…
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