Second Wife Loses Battle to Annul Deceased Husband’s First Marriage Amid Property Dispute

A legal dispute is South Africa has arisen following the death of a man who had secretly married two women, leaving the courts to determine who is the legal spouse entitled to his estate. 

Pertunia Malatjie approached the high court in Pretoria, seeking an order declaring her marriage to the late Hlakong Malatjie valid.

Malatjie argued that she entered into a civil marriage with the deceased in October 2011 and presented a marriage certificate issued by the Department of Home Affairs as proof. She explained that after his death on March 15, 2014, she was called to the police station to complete the necessary Government Employees Pension Fund (GEPF) forms. Upon arrival, she was informed by Capt. Thobakgale and Zanale Sekgobela, the first respondent, that Sekgobela, who claimed to have a lobola letter as proof of a customary marriage, would also be involved in completing the forms.

However, following the payment of the pension fund’s lump sum, Malatjie learned that the GEPF had ruled she was not eligible for spousal maintenance, as the marriage between the deceased and Sekgobela was considered valid. Malatjie contested this decision, asserting that she was never made aware of the marriage between the deceased and Sekgobela and challenged Sekgobela to provide proof of their union.

Sekgobela, in turn, argued that she and the deceased had concluded a customary marriage in December 2004, years before his civil marriage to Malatjie. She presented a lobola letter signed by both families and a village headman as proof of the customary marriage.

Judge Janse van Nieuwenhuizen considered the validity of the customary marriage under the Recognition of Customary Marriages Act, which requires both parties to be over 18, to consent to be married according to customary law, and for the marriage to be negotiated and celebrated according to custom. While Malatjie did not dispute the age or consent of the parties involved, the key issue was whether the marriage had been celebrated in accordance with customary law.

Sekgobela provided evidence that the customary marriage had been celebrated at her parental home before moving to the deceased’s home, with the bride price letter later certified by the tribal chief. 

In dismissing Malatjie’s case, the judge ruled that, based on Sekgobela’s evidence, it was clear that the deceased was already legally married when he wed his second wife.