Pretoria - The weight which customary marriages carry was once again illustrated during a legal wrangle by two widows.
Both claimed that they were legally married to their now-deceased husband.
The first wife said she married her husband in 1991 in terms of customary law. The second said she is the “true wife” as she had married her husband in 2007 in terms of civil proceedings.
Both wives told the Gauteng High Court, Pretoria that they were entitled to their late husband’s estate, and each asked the court to declare her marriage as being valid. But when Steve Sibanyoni died in December 2020, he had no idea that his marriage to the second wife was in fact not valid because in terms of the court’s verdict after his death, he was in fact still married to wife number one.
Dipuo Phele, who was by the time of his death married to Sibanyoni for more than 30 years, turned to court so that the Master of the High Court dealing with his estate recognised her as the true wife.
Wife number two, Maria Sibanyoni, also told the Master’s office that she was the true wife. Phele was at first told that her customary marriage was not registered with Home Affairs and that confirmation from a traditional authority would be required. As a result she obtained confirmation from the Ndebele Kingdom Authorities. She maintained that her customary marriage was not dissolved by the time her husband married the second wife and said the recognition of the Customary Marriages Act made her the lawful wife.
Sibanyoni, on the other hand, said her marriage was solemnised in a public ceremony and besides, Phele, did not object to this until now.
Judge Cassim Sardiwalla said the court must be examine whether the customs, traditions or rituals that have to be observed in the negotiations and celebration of customary marriages have been complied with. These include the negotiations leading to the agreement on lobola, as well as any other tradition, custom or ritual associated with these.
In the present matter, Phele provided the court with confirmation from the Ndebele Kingdom Authorities of her customary marriage with Sibanyoni .
“There is no doubt in my mind that the first applicant (Phele) is the surviving spouse of the deceased and therefore the customary marriage entered into between them on September 29, 1991 is valid. This despite the fact that it was not registered,” the judge said.
He ordered Home Affairs to register the customary marriage and expunge the civil marriage of the second wife from records.
Pretoria News