In South Africa, a court has ruled in favor of the traditional wife and nullified civil marriage. Hilda Sedinjane sought recognition as the true wife of deceased Seabela Malatji, who had a customary marriage in 1988. The couple drifted apart over the years, and Sedinjane left the matrimonial home around late 1992. In February 2014, the deceased entered a civil marriage with Anare Malatji (the first respondent), as evidenced by a home affairs department marriage certificate.
The deceased died in March 2021 from natural causes, and the first respondent was appointed executrix of the deceased estate by the master of the high court. The applicant was advised that the lobola certificate she produced was not proof of marriage and that the first respondent had already been appointed executor of the deceased estate by virtue of her civil marriage. The applicant lodged an application for the court to declare the civil marriage of the first respondent and the deceased null and void, as well as for the recognition and registration of her customary marriage to the deceased and issuance of a marriage certificate.
The applicant also sought a declarator that she is the only wife of the deceased and an order withdrawing the letters of executorship issued in the name of the first respondent in respect of the deceased estate. The acting judge Malose Monene acknowledged that desertion may be grounds for a divorce, but it is not and cannot of itself constitute a dissolution of the marriage or a divorce.
The court declared the civil marriage entered into between the first respondent and deceased unlawful and void. The letters of executorship in respect of the deceased estate issued to the first respondent by the master of the high court were set aside. The customary marriage entered into between the applicant and the deceased is recognized as a customary marriage entered validly in terms of the Recognition of Customary Marriages Act, and the minister of home affairs was directed to register that customary marriage and issue the applicant with a marriage certificate.
