Latest news with #EasternCapeHighCourt
IOL News
16 hours ago
- General
- IOL News
Navigating the complexities of customary marriage: A legal showdown over marital status
The Eastern Cape High Court took a closer look at the Recognition of Customary Marriages Act during a battle between two wives. Image: File The authorities are clear that even desertion or adultery are not blameworthy conduct to render the dissolution of a customary marriage; they merely are a reason for marital breakdown, an acting judge said in finding that the customary marriage entered into by a couple in 1978 was still enforced. The first wife of a man who died in 2023 turned to the Eastern Cape High Court to declare the deceased's marriage to his second wife in terms of civil law null and void. Although the first wife and the deceased parted ways in 1998, he had no right to marry his second wife 19 years later, the first wife said. Her argument was based on the fact that he was still married to her when he remarried. Acting Judge M Mhambi commented that this case deals with an important aspect in legal jurisprudence; the question is how a customary marriage should be dissolved. The question raised was whether the desertion of the matrimonial home by either of the spouses dissolves the customary marriage. To answer the question raised, the court took a closer look at the Recognition of Customary Marriages Act. The court was told that in 1978, emissaries from the deceased's family were sent to the first wife's family for lobola negotiations. The first wife said the lobola paid included several cash payments ranging between R10 and R20, as well as seven live cows. She was handed over to the family of the deceased, and they had three children. They had separated in 1998 while the deceased was working at the Welkom mines. The customary marriage between the deceased and the first wife was not registered until he died in 2023. When the first wife wanted to register the marriage after his death, she was told by the authorities that he was married in terms of civil law to his second wife. The first wife said this was the first time that she had heard about this. She said she did not give the deceased consent to marry the first respondent, and in any event, he was still married to her. In countering these arguments, the second wife said she fell in love with the deceased in 1999, and he visited her home in Swaziland. According to her culture, the deceased was made to pay for a black and white heifer before he could be allowed to marry her, which he did. The second wife said that the deceased assured her he no longer had a wife, as he had 'expelled' his first wife. According to her, they had a traditional wedding ceremony, which was registered, and they too had three children. Judge Mhambi said certain provisions of the Constitution put it beyond doubt that the basic law requires that customary law should be accommodated, not merely tolerated, as part of South African law, provided the particular rules or provisions are not in conflict with the Constitution. While the marriage between the first wife and the deceased was never registered, the judge said it is a matter of fact and the law that the non-registration of customary marriage does not nullify it. The Act is clear that a customary marriage is dissolved by a court by a decree of divorce. Absent a decree of divorce issued by a competent court, a customary marriage subsists and remains valid, the judge said. 'Clearly, the customary marriage does not dissolve because the parties to it feel it is irretrievably broken down…' the judge said in ruling in favour of the first wife. [email protected]
The Herald
21 hours ago
- Politics
- The Herald
President, chief justice mourn the death of former EC judge president Temba Sangoni
Former Eastern Cape judge president Temba Sangoni died in Johannesburg on Tuesday after a short illness, according to his family. President Cyril Ramaphosa said the death of Sangoni was a devastating loss to his family and immediate community and was a profound loss to the judiciary and the country's legal heritage. 'Judge Sangoni lived for justice and the improvement of the material conditions of communities in the Eastern Cape and elsewhere through constitutionally sound, progressive jurisprudence. 'Under his leadership, the judiciary in the Eastern Cape also applied its mind collectively and individually to matters pertaining to the development of this economically vital province,' Ramaphosa said. The office of the chief justice said Sangoni's illustrious career was marked by his profound commitment to the rule of law and the transformation of South Africa's legal landscape. Appointed as judge president of the Eastern Cape high court, he served with distinction until his retirement in 2017, leaving an indelible legacy in the annals of the country's legal system. 'His leadership was instrumental in addressing systemic challenges within the Eastern Cape judiciary, including case flow management and access to justice in historically marginalised regions such as Mthatha. 'Beyond the bench, judge Sangoni was a respected senior traditional leader of the Qokolweni-Zimbane Traditional Council in Mthatha, bridging the realms of customary law and constitutional democracy,' the office said. It said his life was a testament to the ideals of justice, humility and service, principles he upheld as one of the three executors of Nelson Mandela's estate, alongside George Bizos SC and Justice Dikgang Moseneke. 'Judge Sangoni's legacy is etched not only in the judgments he delivered but in the lives he touched and the dignity he brought to the profession. We are poorer for his passing but richer for his contributions,' chief justice Mandisa Maya said. Details regarding memorial services will be communicated in due course TimesLIVE
IOL News
7 days ago
- IOL News
Judge's secretary gets written death threat amid harassment inquiry
Andiswa Mengo, who accuses Eastern Cape Judge President Selby Mbenenge of sexual assault, has received a death threat in the form of a letter left in her office. Image: Office of the Chief Justice / N Mabusela The Women's Legal Centre, which is representing the Eastern Cape High Court judge's secretary Andiswa Mengo in her sexual harassment complaint against Judge President Selby Mbenenge, has condemned the recent death threat sent to the court employee. This is after Mengo received a handwritten note left at her desk at court on Friday, with the words 'a bullet is waiting for you'. Mengo is still working at the high court. In a statement, the Women's Legal Centre confirmed that Mengo received a written death threat at her place of work. 'We can further confirm that this is not the first threat she has received since filing a complaint of sexual harassment against the Judge President of the Eastern Cape,' the centre said. The Judicial Conduct Tribunal is conducting a hearing into sexual harassment complaints made by Mengo against Mbenenge, which is due to resume on June 30. The legal centre, meanwhile, said that throughout the tribunal proceedings, it has consistently raised concerns about its client's safety and security. 'Following this latest threat, we have again raised the matter with her employer, the Office of the Chief Justice, as well as the Judicial Service Commission and the Tribunal panel,' the legal centre said. It stressed that the safety and well-being of Mengo and her family should be treated as a top priority. The legal centre said this incident reflects the precarious and dangerous position women find themselves in after reporting sexual harassment in the workplace. It added that this highlights the urgent need for victim-centred systems that prioritise physical and emotional protection. It said women should be able to speak out without fear and intimidation, or retaliation. 'The reality is that women who report sexual harassment are targeted and silenced. Ms Mengo's courage must be met with protection, not punishment,' the legal centre said. During the first sitting of the tribunal, Mengo gave evidence to the effect that Judge Mbenenge used his position of power to sexually harass and intimidate her. She testified about a plethora of WhatsApp messages between them and said Mbenenge had sent emojis, many of a sexual nature. She also claimed that Judge Mbenenge has sent her a picture depicting his private part - a claim the judge president vehemently denied. Mbenenge said that flirting took place between them but denied the sordid details as testified by Mengo.
IOL News
04-06-2025
- Health
- IOL News
Andiswa Mengo's death threat underscores the risks for women confronting harassment
Andiswa Mengo, who accuses Eastern Cape Judge President Selby Mbenenge of sexual assault, has received a death threat in the form of a letter left in her office. Image: Office of the Chief Justice / N Mabusela The Women's Legal Centre, which is representing the Eastern Cape High Court judge's secretary Andiswa Mengo in her sexual harassment complaint against Judge President Selby Mbenenge, is condemning the recent death threat sent to Mengo. This is after it has been reported that Mengo received a handwritten note left at her desk at court on Friday, in which it was said, 'a bullet is waiting for you'. In a statement, the Women's Legal Centre confirmed the incident in which Mengo received a written death threat at her place of work. 'We can further confirm that this is not the first threat she has received since filing a complaint of sexual harassment against the Judge President of the Eastern Cape,' the centre said. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ The Judicial Conduct Tribunal is conducting a hearing into sexual harassment complaints against Mbenenge, which is due to resume on June 30. The legal centre, meanwhile, said that throughout the tribunal proceedings, it has consistently raised concerns about its client's safety and security. 'Following this latest threat, we have again raised the matter with her employer, the Office of the Chief Justice, as well as the Judicial Service Commission and the Tribunal panel,' the legal centre said. It stressed that the safety and well-being of Mengo and her family should be treated as a top priority. The legal centre said this incident reflects the precarious and dangerous position women find themselves in after reporting sexual harassment in the workplace. It added that this highlights the urgent need for victim-centred systems that prioritise physical and emotional protection. It said women should be able to speak out without fear and intimidation, or retaliation. 'The reality is that women who report sexual harassment are targeted and silenced. Ms Mengo's courage must be met with protection, not punishment,' the legal centre said. During the first sitting of the Judicial Conduct Tribunal, Mengo gave evidence to the effect that Judge Mbenenge used his position of power to sexually harass and intimidate her. She testified about a plethora of WhatsApp messages, accompanied by the exchange of emojis between them, many of a sexual nature. She also claimed that Judge Mbenenge has sent her a picture depicting his private part - a claim the judge president vehemently denied. He acknowledged the flirting between them but denied the sordid details as testified by her.
Eyewitness News
04-06-2025
- General
- Eyewitness News
Mengo claims she received death threats following her sex harassment complaint against EC Judge President Mbenenge
JOHANNESBURG - Eastern Cape High Court secretary, Andiswa Mengo, claims she has received death threats following her sexual harassment complaint against the division's judge president, Selby Mbenenge. Mengo's complaint is the first ever that has led to a probe which could lead to the judge president's impeachment. The top judge is accused of making unwanted sexual advances towards Mengo between 2021 and 2022. ALSO READ: • Judge Mbenenge may testify before tribunal probing sexual harassment allegations • Mengo removed Mbenenge's portrait from EC court's halls, tribunal hears • Mbenenge tribunal: Witness grilled on explicit content she received from Mengo • Mbenenge sent Mengo emojis with sexual undertones on WhatsApp, tribunal hears The tribunal has so far heard evidence from expert witnesses who have corroborated some of the testimony provided by Mengo in May. Hearings have been postponed to the end of June. Mengo laid her official sexual harassment complaint against the division's top judge in 2023. Since then, Mengo has been working in the same division of the high court, taking leave from work each time the Judicial Conduct Tribunal sits to investigate the allegations she has levelled against Mbenenge. Now, it's alleged that she received a handwritten note at her desk which stated that a "bullet was waiting for" her. During her evidence in chief before the tribunal, Mengo had also testified that she had received threats shortly after laying her complaint against the senior judge. While the tribunal is expected to sit again from 30 June, it's expected that the panel will be mindful of this. The matter has been escalated to the Office of the Chief Justice and law enforcement authorities.
