Durban - Customary marriage rituals were placed under scrutiny in a Pietermaritzburg High Court case in which a man claimed he was entitled to half his former partner’s property because some marriage procedures were performed.
However Judge David Ntshangase rejected the claim by Linda Gumede in a case brought by his former partner, Nozipho Sithole, to have him evicted from her Edendale property.
He said it was not enough to perform some of the procedures.
Certain rituals had been omitted, thus a customary marriage was not constituted, he ruled recently.
Sithole and Gumede had been in a relationship from 1997 until 2009.
After the couple broke up, Gumede had moved into the Imbali, Edendale, property owned by Sithole and had to pay a monthly rental.
Gumede had opposed the eviction application on the grounds that he was Sithole’s “husband” and was entitled to half her property, as customary marriage is recognised as being a “marriage in community of property”.
Alternatively, he argued that he co-owned the property because he contributed to the purchase price and made half of bond payments.
Gumede said in respect of the marriage, part payment of lobolo was made and various preliminary rituals, including the slaughtering of two goats, one from each family, to signify the bringing together of the ancestors to enable the bride to be accepted into the family of the groom, had been carried out.
“I am advised and respectfully submit that the procedures were completed to such an extent that our marriage in customary law was concluded.” But Sithole argued that the marriage was not registered as all of the rituals were not completed.
Gumede admitted that no “celebration” of the marriage had occurred, but alleged that this ritual was similar to a “wedding reception” in Western law and not necessary to confirm that the marriage was concluded.
Judge Ntshangase disagreed with Gumede’s view and said the celebration was a “set prerequisite for a valid customary marriage” and therefore no marriage had taken place.
He referred to KwaZulu-Natal laws which stated that a valid marriage occurred when there was a declaration in public by the intended wife to the “official witness” on the marriage day that the marriage was taking place with her consent.
The judge said that Gumede had provided no proof of contributions he alleged he made to the purchase or bond on the property.
In contrast, Sithole had shown that she was reflected as the sole owner of the property and had obtained a loan from Nedbank to pay for it.
The judge found that Gumede was in unlawful occupation of the property and ordered that he and any other people occupying it vacate by the end of this week.
Judge Ntshangase also said that if Gumede failed to vacate, the sheriff should take steps to evict him and any others.
Gumede was ordered to pay the costs of the application.
University of KwaZulu-Natal Professor Sihawu Ngubane commented that the celebration in Zulu custom was when the couple exchanged their vows in an open space in front of an induna and other witnesses.
“If this does not take place, then there is no marriage.”
The Mercury