Murabi v Murabi

The appellant claimed to be married to the deceased under Venda customary law, with a customary marriage concluded in 1979 and registered in 1991. The first respondent later concluded a civil marriage with the deceased on 2 August 1995. After the deceased’s death in 2011, the first respondent was appointed executrix of the estate, asserting she was the sole surviving spouse. The appellant sought an order declaring her customary marriage valid and the later civil marriage null and void, contending that the deceased was not competent to enter into a civil marriage while a customary marriage subsisted.

The appeal was upheld with costs. The customary marriage between the appellant and the deceased concluded in 1979 was declared valid. The civil marriage between the first respondent and the deceased concluded on 2 August 1995 was declared null and void. The first respondent was ordered to pay the costs of the application.

The case confirms that a civil marriage contracted while a customary marriage subsists is void under South African law as it stood prior to the Recognition of Customary Marriages Act. It reinforces the evidentiary value of customary marriage registration and clarifies the interaction between customary law marriages and civil marriages.