A woman who discovered that she was married to her ex-boyfriend without her knowledge, successfully overturned the fraudulent marriage in the North Gauteng High Court in Pretoria

Makobo Mokgalaotse, a teacher, was in a relationship with Matome Mangena from 2009 until 2012. They lived in the same house.

Mangena was operating a small business after taking an early retirement in 2008 following his employment at the Post Office.

From her evidence, the court heard that she was never married nor engaged to Mangena. There was an intention to marry, but that intention never materialised. 

Instead, when their relationship ended, they each obtained protection orders against each other.

She only became aware that she was married to Mangena in 2016 when he tried to obtain spousal maintenance from her. It turned out the customary marriage was registered in 2014, two years after their breakup.

Mangena produced the marriage certificate to the Maintenance Court and managed to obtain a spousal maintenance order against her.

She laid a charge of fraud against Mangena, however, the prosecutor refused to prosecute Mangena.

In his evidence, Mangena claimed they got married in terms of the Pedi custom in 2009 after he gave his delegates R1200 to pay lobola to the Mokgalaotse family. He said his delegates returned and told him Mokgalaotse’s father accepted the lobola money.

He claimed they had a small celebration attended by five people from the Mokgalaotse family and one family member from his side. He said chickens were slaughtered in order to comply with the Pedi custom of go hlabisha (slaughtering of an animal). According to him, the customary marriage was consummated on December 25, 2009.

To support his statement, he claimed to be in possession of a lobola letter, which he said Mokgalaotse had meanwhile torn up.

However, Mokgalaotse said she knew nothing about this, as on the day of her supposed wedding, she was at home alone with her son. She also denied that her family received any lobola payment and pointed out that in terms of the Pedi culture, there were many rituals which had to be performed before they could be married.

She acknowledged having previously taken out a policy that included members of her extended family. Because she was living with Mangena at the time, she consequently listed him as part of her extended family.

When the policy document was issued, he was recorded as a spouse. She was not bothered at the time because they were in a relationship and living together.

Judge Graham Moshoana presided over the case and observed that the only evidence presented for the existence of a customary marriage came from a single witness, who was not credible.

He further noted that it was strange that nobody testified about the so-called wedding ceremony and not a single picture was produced to prove it. He also said Mangena’s evidence, who at some stage before testifying in court “threw a tantrum,” left much to desire.

“Even though the purported customary marriage was registered on the strength of a Court order, the alleged marriage was not supposed to be registered. There was no valid customary marriage between the applicant and the first respondent,” said judge Moshoana.

Judge Moshoana ordered the marriage to be cancelled.

sinenhlanhla.masilela@iol.co.za

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