The Mercury

DJ’s 2 marriages nullified

- Tania Broughton

I IN A victory for women married in terms of customary law, a Durban High Court ruling yesterday nullified two marriages that a popular radio DJ and television presenter, Ngizwe Brian Mchunu, had entered into without the knowledge of his first wife and contrary to the law.

Provisions of the Recognitio­n of Customary Marriages Act – which sets down the rules for men wishing to take more than one wife – are rarely adhered to and observers believe yesterday’s order will cast fresh light on what is legal and what is not.

In particular, the act stipulates that any man wishing to take another wife must first make an applicatio­n to court to approve a written contract regulating the future matrimonia­l property system of the marriages.

In the matter which came before Durban High Court Judge Johan Ploos van Amstel yesterday – and which The Mercury has previously reported on – Siphelele Nxumalo complained that Mchunu, an Ukhozi FM DJ and Roots presenter, whom she married in May 2012, had entered into another customary marriage the following year with Lindiwe Khuzwayo.

She then discovered that he had married a third time, in a civil union in October last year, when wife number three – Nqobile Mthimkulu, sent her a text message telling her about it.

In her affidavit before the court, Nxumalo – who was 25 when she married – said she was heavily pregnant when she heard from her sister-in-law that Mchunu had married again “without my knowledge and definitely without my consent”. This was the marriage to Khuzwayo.

She said she had been forced to attend the traditiona­l official family handing over and welcoming “as if I had given my consent” and she had been belittled and embarrasse­d because it had been widely covered in the press.

She said her husband had never submitted the required contract to court and she was “terribly unhappy” but powerless to do anything about it.

She then learnt of this third “civil marriage” to Mthimkulu, for which she too had not given permission and which was illegal because the law stated that a civil marriage could not co-exist simultaneo­usly with a customary marriage. It meant this marriage effectivel­y superseded the two customary marriages.

“When I married under customary law I always considered it a possibilit­y that he would want to take a second wife. I did not, however, expect and nor can I accept that he would flaunt our custom, customary law and the law of the country,” she said.

When the case first came before court last month, Mthimkulu attended and said she needed time to seek legal advice. She did not file any opposing papers.

Yesterday Khuzwayo was at court and said she did not oppose the applicatio­n.

A spokesman for the Legal Resources Centre, which handled the matter, said both “traditiona­l wives” were “extremely excited” by the outcome of the case.

Mchunu did not oppose the applicatio­n and has agreed to fulfilling all legal requiremen­ts from now on. Contacted yesterday, he did not want to comment further.

 ?? PICTURE: INSTAGRAM ?? Popular DJ and television presenter Ngizwe Mchunu, centre, with his first wife, Siphelele Nxumalo, left, and second wife, Lindiwe Khuzwayo, at the Bafana Bafana match at Moses Mabhida Stadium on Tuesday night. Mchunu’s marriages to Khuzwayo and Nqobile...
PICTURE: INSTAGRAM Popular DJ and television presenter Ngizwe Mchunu, centre, with his first wife, Siphelele Nxumalo, left, and second wife, Lindiwe Khuzwayo, at the Bafana Bafana match at Moses Mabhida Stadium on Tuesday night. Mchunu’s marriages to Khuzwayo and Nqobile...

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