The Supreme Court of Appeal (SCA) has overturned a controversial ruling by the Limpopo High Court’s full bench, settling a bitter inheritance dispute centred on the validity of a decades-old customary marriage. The case hinged on whether a deceased academic’s civil marriage to his second wife was rendered void by an alleged prior customary union with his first wife.
Livhuwani Manwadu, a University of Venda professor who died in 2017, left behind competing claims to his estate. His first wife, Matodzi Manwadu, asserted that they had entered into a valid customary marriage in 1979, registered via an endorsement in her Republic of Venda identity document (ID). If proven, this would invalidate his 1996 civil marriage to Nthuseni Manwadu under Section 10 of the Recognition of Customary Marriages Act (RCMA), which prohibits civil marriages if a customary union subsists.
The Limpopo High Court initially dismissed Matodzi’s application, citing insufficient evidence. However, the full court later ruled in her favour, accepting the ID’s marriage endorsement as prima facie proof under the RCMA. The SCA, in a majority decision penned by Justice Weiner, reversed this finding, declaring the civil marriage valid and dismissing Matodzi’s claims.
Central to the SCA’s ruling was whether Matodzi’s ID document (she presented an uncertified copy stating a 1979 marriage date) constituted a valid “certificate of registration” under the RCMA. The court emphasised that such certificates must explicitly confirm compliance with customary law requirements. The ID, lacking these details and certification, failed to meet statutory thresholds.
Justice Weiner noted the Matodzi’s failure to produce witnesses, lobolo receipts, or affidavits from family members confirming the union. The court also highlighted that Nthuseni raised genuine and bona fide disputes of fact, and her version was more probable, as it was corroborated by numerous members of both her and the deceased’s family.
On the other hand, the court held that Matodzi’s version was filled with inaccuracies and patent nondisclosures and failures to provide admissible evidence or corroboration. In instances such as the paternity of her children, the court continued, her evidence was patently false and misleading. In conclusion, Justice Weiner held that Matodzi’s evidence certainly did not pass the test required to prove her version.
The decision nullifies Matodzi’s inheritance claims, affirming Nthuseni’s status as the lawful spouse. It also underscores the necessity of proper registration of customary marriages. Even though not registering a customary marriage does not invalidate it, it certainly can be helpful if you ever find yourself in Matodzi’s shoes, which may women unfortunately do.
You can read the full Manwadu v Manwadu judgement here.
Written by Theo Tembo
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