High court declares man's first customary marriage valid, nullifies his secret second wedding
The North Gauteng High Court in Pretoria has ruled that a customary marriage concluded in 2002 between Ntombizakhe Dladla and Wonderboy Manana is valid and nullified the man’s second secret wedding.
The high court found that Dladla and Manana had entered into a valid customary marriage in accordance with the Recognition of Customary Marriages Act of 1998. As a result, the court ruled that Manana’s subsequent 2012 civil marriage to Zinhle Manana (born Sibiya) was unlawful from the outset.
The case arose from a dispute between the two women over Manana’s marital status. Dladla approached the court seeking a declaratory order confirming her customary marriage and invalidating the civil marriage. Manana did not oppose the application and confirmed the existence of the customary marriage.
However, Sibiya opposed the application, arguing that the customary marriage did not comply with what she described as “pure” Zulu custom.
According to evidence before the court, Dladla and Manana met in 1996 and began cohabiting. In March 2002, Manana’s family formally approached Dladla’s family to negotiate lobola. A total of R52,000 was paid and accepted, and a ceremony involving symbolic handover and celebration was conducted. The couple went on to live together as husband and wife for several years and raised a child together.
In 2007, Dladla fell very sick and she suffered from depression and other chronic complications such as high blood pressure and kidney problems. She attributed her complications to the conduct of her husband who was immensely involved in extra-marital affairs. She therefore temporarily left their marital home and went back to her parents’ home in Ermelo.
When she left, she took only her clothing and nothing else. The husband would visit, but in 2013, he reduced his visitation and she became suspicious and confronted him about the issue; however, he cited his work conditions. She testified that she only became aware of Sibiya in 2021.
According to court documents, Manana met Sibiya in 2007 and they got married Sibiya in 2012. Sibiya said she was not aware that Manana was married.
However, he introduced her to his child, whose grandmother she also came to know. She said she only became aware of the marriage between Manana and Dladla when she was served with court papers.
In her opposing application, Sibiya said she was from KwaZulu-Natal and was well acquainted with Zulu customs pertaining to customary marriages and according to her, Dladla’s marriage did not comply with what she described as “pure” Zulu customs.
Acting Judge Doroth Botsi-Thulare rejected the argument that the customary marriage was invalid because it did not strictly follow all traditional Zulu rituals. The court emphasised that customary law is not rigid or uniform, but a “living, dynamic system” that varies between communities.
“The evidence shows that the core elements of a customary marriage were present,” the judge said, pointing to family consent, lobola negotiations and payment, symbolic handover of the bride, and the parties’ clear intention to marry.
Having found that a valid customary marriage existed in 2002, the court held that Manana was legally prohibited from entering into a civil marriage with another person while that marriage subsisted. The 2012 civil marriage was therefore declared null and void ab initio.
The court ordered the Minister of Home Affairs to register the customary marriage and to remove the civil marriage from the national marriage register. Although the customary marriage had not previously been registered, the judge noted that failure to register does not affect its validity.
A counterclaim for R3.5 million in damages lodged by Sibiya was postponed indefinitely, as no evidence was presented in support of it during the trial.
Sibiya was ordered to pay the costs of the application, including the costs of counsel.
sinenhlanhla.masilela@iol.co.za
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