Legal battle centres on what defines a valid marriage

WIDOWS’ DISPUTE

- ZELDA VENTER

IN A LEGAL tussle between two widows regarding who is the true wife of the now deceased husband, the Supreme Court of Appeal (SCA) held that an ID document is not a marriage certificate and on its own, did not serve as proof that there was indeed a valid marriage.

The first wife, only identified as AT, earlier turned to court for an order declaring that she was married in terms of customary law to her now deceased husband. She said she had married him in 1966 and upon his death, they were still legally married.

The second wife, identified only as ET, entered into marriage with the now deceased in 1977 in terms of civil law and that she should be recognised as the lawful wife.

The high court, however, ruled in favour of the first wife who at the time gave the court a copy of a page in her ID document, issued by the then Republic of Venda, which she argued is proof of her marriage to the deceased.