Sandile claims she entered into a customary marriage with Funani on 20 June 2020. She now wants to sue Funani for divorce. Sandile produces a registration certificate as proof of her marriage to Funani. She registered their customary marriage on her own on 2 May 2022 at the Department of Home Affairs. Funani denies that Sandile is married to him in terms of customary law and therefore claims that she cannot sue him for divorce. Which one of the following statements is correct?

Question

Sandile claims she entered into a customary marriage with Funani on 20 June 2020. She now wants to sue Funani for divorce. Sandile produces a registration certificate as proof of her marriage to Funani. She registered their customary marriage on her own on 2 May 2022 at the Department of Home Affairs. Funani denies that Sandile is married to him in terms of customary law and therefore claims that she cannot sue him for divorce. Which one of the following statements is correct?

Answer

Sandile cannot register their customary marriage on her own and the certificate is invalid. She cannot sue for divorce.

Answer

Sandile can proceed with the divorce as the marriage certificate is absolute proof of her marriage to Funani. Funani cannot deny the existence of their customary marriage.

Answer

Sandile cannot register their marriage on her own and the certificate is invalid. She can still sue Funani for divorce but will have to provide other proof that she is married to Funani.

Answer

Funani can deny the validity of the certificate but will have to produce proof that they did not conclude a valid customary marriage as the marriage certificate is only _prima facie _proof of their marriage.

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Sandile claims she entered into a customary marriage with Funani on 20 June 2020...

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