The second wife loses the case to nullify the first marriage of her deceased husband

A husband who was married to two wives and kept it secret until his death resulted in a legal dispute over who the legal spouse is and benefits from his property.

Pertunia Malatjie (applicant) went back to the Supreme Court in Pretoria for an order that stated that his marriage to Hlakong Malatjie (the deceased) was valid.

Malatjie argued that she entered a civil wedding with the deceased in October 2011 and had the marriage certificate issued by the Department of Internal Affairs to prove it.

Malatjie explained that the deceased died on March 15, 2014 and was called to the police station to complete the forms of the Government's employees (GEPF).

On her arrival, she was received by a certain captain Thobakgale and Zanale Sekgobela (first interviewee).

Thobakgale informed Malatjie that Sekgobela would also complete the forms as he had a letter from Lobola as proof of a usual marriage.

After payment of the fixed amount of the pension fund, Malatjie approached the GEPF offices regarding a spouse maintenance claim.

Malatjie, however, reported that GEPF had decided that it was not eligible to receive maintenance of the spouse because the marriage between the deceased and Sekgobela was still valid.

Malatjie indicated that he was never informed by the deceased that he was married to Sekgobela and challenged Sekgobela to provide proofs of the wedding.

The validity of Malatjie's wedding was challenged by Sekgobela, who claimed that she and the deceased completed a usual marriage in December 2004.

She argued that she married the deceased years before her second marriage, in terms of consumed law and had a wolf letter signed by families and a village boss as proof of the usual marriage.

In determining the dispute, Judge Jansa Van Nieuwenhuizen referred to the requirements for a usual marriage valid in terms of the recognition of usual marriages.

In order to be valid, both parties must be over 18, both must consent to marry in terms of consumption law, and marriage must be negotiated and inserted or celebrated by usual right.

Malatjie did not contest that Sekgobela and the deceased were over 18 years old at the time, who both consented to marry under the consumed law and that the marriage was negotiated.

The question in dispute was, therefore, if Sekgobela and the deceased “entered or celebrated their marriage in accordance with the Consumed Law.”

It was Sekgobela's evidence according to Lobola's letter that the usual marriage was celebrated in his parental house and then went to the deceased's house.

Following the celebration of the usual marriage, the deceased led Lobola's letter to the tribal chief for certification.

In rejecting the case of Malatjie, the judge said that, given the evidence of Sekgobela, it was clear that the deceased was already legally married when he married his second wife.

Sowetanlive