Masango v Department of Home Affairs & Others, Regional Magistrates Court Case No. 161/2024

Date: 13/12/2024


Intro paragraph:

In this judgment, the Gauteng Regional Magistrates Court declared that Mrs Rose Masango had in fact been in a valid customary marriage with her deceased husband. Their failure to register this customary marriage in terms of the Recognition of Customary Marriages Act (120 of 1998), does not mean there was no valid customary marriage, because registration is not a validity requirement. This declaration means that Mrs Masango’s property rights, as the lawful widow of the deceased, are protected and cannot be interfered with or denied by the deceased’s family. Most importantly, she cannot be evicted from the home she and her husband shared.

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