oa De Jure - Modjadji Florah Mayelane v Mphephu Maria Ngwenyama  ZACC 14
The effect of lack of consent of a spouse of a customary marriage on the validity of a further or subsequent customary marriage of her husband : recent case law
The effect of failure to comply with the provisions of section 7(6) of the Recognition of Customary Marriages Act 120 of 1998 (RCMA) on the validity of a subsequent or further customary marriage has been finally settled by the Constitutional Court in Modjadji Florah Mayelane v Mphephu Maria Ngwenyama ( ZACC 14), which will hereinafter be referred to as Mayelane. The court held that failure to comply with these provisions did not lead to the invalidity of a subsequent or further customary marriage and that the said marriage must be regarded as being out of community of property (Mayelane 41 par 83). It was further held that the consent of an existing first wife of a customary marriage was a requirement for the validity of the second or further customary marriage, that is, in the absence of such consent, the subsequent customary marriage wold be invalid (Mayelane 21 par 41).
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