n Tydskrif vir die Suid-Afrikaanse Reg - Baadjies v Matubela 2002 3 SA 427 (W) : regspraak

Volume 2003, Issue 4
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



This is one of the most interesting cases to be decided by our courts since the coming into operation of the Recognition of Customary Marriages Act 120 of 1998. The case concerns proof of the existence of a customary marriage which was contracted before 15 November 2000, that is, the date of the commencement of the act. Although not dealt with in this case, it is instructive also as to when oral or additional evidence may be led in proceedings relating to Rule 43 of the Uniform Rules of Court. It has to be indicated at the outset that, in this decision, the date of the coming into operation of the act is erroneously indicated as November 1998 (429 H).

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