Wife des­per­ately wants mar­riage nul­li­fied

Swazi Observer - - NATIONAL NEWS - By Sandile Nkam­bule

A woman des­per­ately wants to di­vorce her first love and has since ap­proached the Supreme Court to ex­pe­dite such.

Phindile Ma­suku (ap­pel­lant) has ap­proached the Supreme Court fol­low­ing an or­der is­sued by the High Court to the ef­fect that her civil rights mar­riage still sub­sists.

The ap­pel­lant and her hus­band, Masiko Dlamini, are al­ready in sep­a­ra­tion and it tran­spired at the Supreme Court yes­ter­day that the two, after get­ting mar­ried through the Swazi Cus­tom, pro­ceeded to mar­ry­ing though civil rights and teka they had both and civil mar­riage cer­tifi­cates. Rep­re­sented by se­nior at­tor­ney Ben J Sime­lane, the ap­pel­lant (Ma­suku) sub­mit­ted that al­ready their mar­riage through Swazi cus­tom has been nul­li­fied at the (umphakatsi) Royal Kraal con­firmed it.

Sime­lane told the court that both par­ties were no longer in love, and had al­ready sep­a­rated. All the ap­pel­lant wants, ac­cord­ing to Sime­lane, was for the for­mal and fi­nal de­cree of di­vorce, ar­gu­ing that the fact that the mar­riage has been nul­li­fied un­der Swazi Cus­tom meant it no longer ex­ists. How­ever, when the ap­pel­lant ap­proached the High Court to have a declara­tory or­der that the mar­riage had been nul­li­fied in ac­cor­dance with Swazi Cus­tom, the court a quo (High Court) dis­cov­ered that the two in fact pro­ceeded to marry through civil rights and that such was never an­nulled and con­firmed by any court, hence their mar­riage still sub­sists. It was for that rea­son that the ap­pel­lant has now ap­proached the Supreme Court ap­peal­ing against the de­ci­sion made by the High Court to that ef­fect. Rep­re­sent­ing the re­spon­dent in the mat­ter was lawyer Thulani Mamba from Mkhwananzi At­tor­neys.

The Supreme Court com­pris­ing Jus­tices Dr Odoki, Ma­ja­henkhaba Dlamini and Robert Cloete heard sub­mis­sions which mostly came from the ap­pel­lant and after the sub­mis­sions re­served judg­ment for a later date to be com­mu­ni­cated to both coun­sel.

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