In a case which echoes a tale of love, deceit, and the intricacies of marital law, the North Gauteng High Court in Pretoria had to decide who should inherit the pension fund of a late man who secretly married two wives and maintained both marriages until his death.
Pertunia Phina Malatjie sought an order in the high court to validate her marriage to Hlakong Jacob Malatjie, the deceased, as valid.
Her pursuit for spousal recognition was mired in contention following her husband's death in March 2014.
In her application, she explained that they entered into a civil marriage in October 2011, providing a marriage certificate issued by the Department of Home Affairs as evidence.
She explained after her husband's death; she was summoned to the police station to complete forms for the Government Employees Pension Fund (GEPF).
It was there that she learned of Zanale Unice Sekgobela's existence. Neither woman knew about the other.
Sekgobela also claimed to have a lobola letter that certifies a customary marriage with Malatjie.
Pertunia said she was shocked to discover that Sekgobela's claim could jeopardise her eligibility for spousal maintenance from the GEPF, after officials deemed her marriage invalid because Malatjie was already married.
In court, Pertunia gave a thorough explanation of her civil and customary marriage to Malatjie.
She said they met towards the end of 2009, and they developed a romantic relationship. The deceased subsequently sent his delegates to negotiate lobola to her family in July 2011 and they reached a settlement of R28,000 and only R15,000 was paid.
In October 2011, the R13,000 balance was settled and his family accepted gifts from Malatjie's family to finalise their marriage.
She was then officially handed to Malatjie's family in December 2011 as part of the Bapedi culture and her family slaughtered a sheep for the Malatjie family as a symbol of becoming one family.
However, Sekgobela claimed that her customary marriage, formed in December 2004, predated Pertunia’s civil marriage.
Sekgobela produced a signed lobola letter by both families and a tribal chief.
In her evidence, she said she first met the deceased in 2003, and the two of them had a child the following year. After their child was born, they had a customary wedding in December 2004.
Sekgobela stated that the Malatji was unfaithful during the subsistence of their marriage and that he had various extra-marital affairs.
Sometime in 2008, they separated because he had impregnated another woman and in March 2009, he sent his uncles to her home to ask for forgiveness. Thereafter, they got back together, and a second child was born in March 2010.
During 2011, they rented place in Tokologo in Mhluzi, however, Malatjie was not happy with the place, and he said will temporarily move to Chromville Flats.
Sekgobela said Malatji resumed his old ways of cheating and visited her and their children if and when it pleased him.
She said one-time the children visited him at Chromville Flats and after one of their visits they informed her that there was a lady who cleaned and cooked for them the whole weekend.
When she asked Malatjie about the woman, he told her she was a cleaner.
Sekgobela said she only learned after his death that he lied, and he was married to the woman.
She argued that she was the legal wife and also produced a document in which she was nominated as the beneficiary by Malatjie regarding his pension fund.
Judge Nicolen Janse van Nieuwenhuizen presided over the case and referred to the legal stipulations of the Recognition of Customary Marriages Act, which mandates certain conditions for a marriage to be considered valid.
These include that both parties must be over 18, consent to the marriage, and that the union must be celebrated per customary law.
The judge said Pertunia did not dispute that Sekgobela and Malatjie were above 18 years of age when they got married, and that they both consented to be married to each other under customary law and that the marriage was negotiated.
Ultimately, the judge dismissed Pertunia's claims, affirming that the evidence presented confirmed that Malatjie was already legally married at the time he entered into his civil marriage with her.
Her application was dismissed with costs.
IOL