Wife desperately wants marriage nullified
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.