POSSIBLE CONSEQUENCES OF DECLARING CIVIL AND CUSTOMARY MARRIAGES VOID

The consequences of declaring a civil marriage entered into during the existence customary or vice versa void could have nowhere been fully canvassed. On face it, it merely calls for declaration invalidity existing marriage, but raises various ancillary issues which not addressed. We do discuss judgments marriages void, focus on such judgments. For variety reasons is important to determine whether concluded subsequent valid ab initio versa. To mention one reason: “Where immovable property, real right in bond notarial – (d) registered name person who date registrationwas party governed by Recognition Customary Marriages Act, 1998 (Act 120 1998) registrar shall written application concerned and submission deed question proof relevant facts,endorse change status make note effect that said community as case may be” (S 17(4) Deeds Registries Act 47 1937). When no flow from except so far be deemed putative marriage. Lawyers, officials public at large still seem realize interms sections 2(1) (2) Marriage (120 before after commencement are all purposes recognized marriages. Netshituka v (426/10 [2011] ZACSA dated 2011-07-20) has now given clear direction validity non-validity Matrimonial Property Law Amendment 3 1988. Also Thembisile (2002 SA 209 (T) par 32) Bertelsmann J held contracted while man was partner an with another woman void. position marriages, prior will discussed.