The Supreme Court of Appeal has dismissed a woman’s attempt to use her identity document as proof of a customary marriage, ruling that an ID is not a substitute for a marriage certificate.
The case involved two women who both claimed to be the legal wives of the late Ndavheleseni Lazarus Tshivhase.
Azwihangwisi Francinah Tshivhase argued that she married him under customary law back in 1966 and presented a page from her old ID, issued in the former Republic of Venda, as evidence. Based on this, the Limpopo High Court had initially ruled in her favour, declaring the civil marriage of the second wife, Thimbiluni Elizabeth Tshivhase — which took place in 1977 — invalid.
But Elizabeth appealed, insisting that an ID document cannot prove a marriage. The higher court agreed, saying Francinah failed to provide evidence of the required rituals, ceremonies, or consent that would validate a customary marriage under Venda law.
The judges also noted that at the time of the alleged marriage, Ndavheleseni was under 18 and would have needed parental consent, something Francinah did not address.
In the end, the court set aside the earlier ruling, stressing that while an ID may note certain details, it does not confirm or validate a marriage.