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IOL News
3 days ago
- IOL News
Legal clarification sought in marriage case of a 12-year-old bride
The Gauteng High Court, Johannesburg, referred a marriage dispute between two widows for oral evidence as the facts were unclear. Image: File A legal dispute is underway between two widows regarding their marriages to the deceased. One widow claims she was married at the age of 12. The Gauteng High Court in Johannesburg has referred the case for oral evidence due to uncertainties about the legality of the marriage and the customs governing it in the 1970s. The applicant, Ms M, approached the court seeking a declaration that her marriage to B, who is now deceased, is valid at customary law. The first respondent, Mrs T, in countering the application, said she was married to the deceased at the time of his death. She claimed that by that time, the deceased and the applicant were divorced. 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 ✕ M explained in court papers that at the time the marriage between her and the deceased took place, he was 20. She claimed that as a 12-year-old in the 1970s, her parents 'gave' her to the deceased to marry. She stated that by virtue of an agreement, the marriage was valid at customary law. Both her parents are now deceased. Judge Stewart Wilson remarked that the evidence is insufficient on the papers concerning almost every material fact that he would have to determine to decide this application. 'I do not know what customs governed the marriage that allegedly took place in the 1970s between Ms M and Mr B, when Ms M was 12. I do not know whether those customs would have tolerated a marriage between a 20-year-old and a 12-year-old, even with parental consent.' The judge added that he also does not know what customs would have been necessary to conclude an ordinary marriage between two adults under the applicable customary law. Nor does he know whether it is possible to divorce in terms of the customary law that applied to the parties at the time. In their papers, neither of the parties dealt with the form of customary law applicable at the time, or the content of that law. 'Much in these papers is done by way of bare assertion. It is asserted that Ms M married Mr B with her parents' consent. It is asserted by her relatives that that marriage took place. It is equally starkly asserted by Ms T that the marriage was dissolved by the traditional leader with jurisdiction over Ms M's ancestral home.' The judge said the traditional leader's evidence on affidavit is itself unsatisfactory, since it is common cause that he is blind, and yet he alleges in his affidavit that he has read the papers in this case. 'I do not say that a blind person cannot read legal papers. I say only that where a blind person claims to have done so, it is necessary to state the form in which the papers were made available to them.'
IOL News
24-04-2025
- Health
- IOL News
Court awards R5.5million in damages after twin swop at birth
The Pretoria High Court granted R5.5-million in damages to twins after they were swapped at birth Image: Jacques Naude / Independent Newspapers The consequences of a tragic incident more than 20 years ago, when two sets of twin girls were accidentally swapped at birth, unfolded in the Gauteng High Court, Pretoria, with the Gauteng MEC for Health ending up having to pay R5.5million in damages. Judge Nomonde Mngqibisa-Thusi awarded damages to the biological mother of one set of twins - only identified as Mrs M, as well as to three of the other twins. The fourth twin did not form part of the litigation, brought on behalf of the plaintiffs by the law firm O Joubert Attorneys. The four plaintiffs' claims follow a baby swap at the Heidelberg Hospital more than 20 years ago. Mrs M, a single mother, cared for what she thought were both her biological children, while another family, only identified as Mrs and Mr T, cared for what they believed were both their biological children. One of each set of twins - which were separated at birth - were identical twins, but they grew up apart. The swap only came to light in 2018 after DNA testing was done, which concluded that each family had a child which was not their biological daughter. This was discovered when one of the twins, who was still at school at the time, in 2016 saw another girl during a netball match with another school, which looked very similar to herself. Some of her teammates also became confused between the two. The twin became suspicious and did some research on Facebook and later met the girl which turned out to be her identical twin. The DNA tests, which could only be done after the girls had turned 18, proved beyond a doubt that they were biological sisters. Mrs M has since 2020 taken care of both the twins she raised, as well as her own, who grew up with the other family. It was said that the other family no longer wanted to take care of the twin which they thought was their own, when they discovered the truth. It turned out that due to negligence on the part of hospital staff, Precious and Pretty were presented to Ms M as her daughters, and Mbali was presented to Mr and Mrs T as being their daughter. Ms M and the three daughters now living with her are claiming damages for the trauma, pain, and suffering they had to endure since the discovery of the swap in 2018. Ms M's claim included maintenance for raising a child all these years which was not her own. She is also claiming general damages for her suffering and pain. A psychologist also suggested that she, as in the case with the three twins, received long-term counselling. It was said that the effect of living in the false belief that the parents who had raised them were not their biological parents had a devastating effect on the twins. Although three of the twins now live happily with Ms M, the court said the reality had a devastating effect on them. It was also difficult for the twin who is the biological daughter of Mr and Mrs T, but grew up with Ms M, when the T-family did not want to have anything to do with her and were not interested in getting to know her. This was in huge contrast to Ms M, who did everything possible to get to know her biological daughter. The court meanwhile granted R1.7-million in damages to Ms M and amounts varying from R1.3million to R1.8million to the three daughters.
