A husband who was married to two wives and took this secret to his grave resulted in a legal tussle between the wives as to who is the legal spouse and stands to benefit from his estate.

The Star reports neither wife knew of the other, and the secret only came to the fore when the second wife wanted to benefit from the deceased’s pension fund, but her request was turned down as the first wife was the beneficiary.

The second wife, who entered into a civil union with the deceased and had the marriage certificate issued by Home Affairs to prove it, turned to the Gauteng High Court (Pretoria) for an order declaring this marriage valid.

But the first wife, cited as the respondent, maintained she married the deceased years prior to his second marriage, in terms of customary law.

The validity of the marriage was challenged by the first respondent, who claimed she and the deceased concluded a customary marriage in December 2004. 

Judge Janse van Nieuwenhuizen commented that the requirements for a valid customary marriage in terms of the Recognition of Customary Marriages Act are clear.

For it to be valid, both parties must be over 18, both must consent to be married in terms of customary law, and the marriage must be negotiated and entered into or celebrated in accordance with customary law.

The judge, in dismissing the application, said given the evidence by the first wife, it was clear that the deceased was already legally married when he married his second wife.

Full report in The Star

Judgment