, PVL2601: ASSIGNMENT 2 2024/1
Question 1
(a) Define a void marriage and a voidable marriage.
A void marriage is one that is considered to have never come into existence legally.
It is invalid from its inception, as if it had never occurred. This could be due to
various reasons such as the marriage being solemnized by someone who is not
authorized to do so, one party being already married, or the parties being related
within prohibited degrees of relationship. Essentially, a void marriage lacks the legal
consequences of a valid marriage.
On the other hand, a voidable marriage is one that is initially considered valid, but
due to certain grounds present either before or at the time of the wedding, the court
has the authority to set it aside upon request. These grounds could include factors
like minority, pregnancy by another man at the time of marriage, material mistake,
impotence, or sterility. Unlike a void marriage, a voidable marriage remains in force
and carries all the legal consequences of a valid marriage until it is annulled by a
court order.
1
Kolver 2007 (4) SA 97 (CC) pg,71
1
Van Niekerk v Van Niekerk- held that the mere fact of sterility renders the marriage voidable
(b) Read the following scenarios and indicate whether each of the marriages is
void or voidable. You must briefly explain your answer:
(i) Bobby and Martha married three years ago. At the time of their wedding, Martha
was pregnant with Robby’s child. The child, Lulu, was born six months after the
wedding. Last week, Bobby discovered that he is not Lulu’s biological father. He
tells Martha that he would never have married her had he known that she was
pregnant with another man’s child.
Bobby and Martha's marriage is voidable. Martha was pregnant with another man's
child at the time of the wedding, which falls under the ground of "Stuprum." Bobby can
request annulment of the marriage since he was unaware of Martha's pregnancy with
another man's child.
Themba, a competent marriage officer, s o l e m n i s e s the marriage between
Katlego and Kris. Katlego’s brother is the only other person who is present at the
wedding.
Katlego and Kris's marriage is void because there were no witnesses present at the
wedding. One of the formal requirements for a civil marriage is the presence of
witnesses, and the absence of witnesses renders the marriage void.
Question 1
(a) Define a void marriage and a voidable marriage.
A void marriage is one that is considered to have never come into existence legally.
It is invalid from its inception, as if it had never occurred. This could be due to
various reasons such as the marriage being solemnized by someone who is not
authorized to do so, one party being already married, or the parties being related
within prohibited degrees of relationship. Essentially, a void marriage lacks the legal
consequences of a valid marriage.
On the other hand, a voidable marriage is one that is initially considered valid, but
due to certain grounds present either before or at the time of the wedding, the court
has the authority to set it aside upon request. These grounds could include factors
like minority, pregnancy by another man at the time of marriage, material mistake,
impotence, or sterility. Unlike a void marriage, a voidable marriage remains in force
and carries all the legal consequences of a valid marriage until it is annulled by a
court order.
1
Kolver 2007 (4) SA 97 (CC) pg,71
1
Van Niekerk v Van Niekerk- held that the mere fact of sterility renders the marriage voidable
(b) Read the following scenarios and indicate whether each of the marriages is
void or voidable. You must briefly explain your answer:
(i) Bobby and Martha married three years ago. At the time of their wedding, Martha
was pregnant with Robby’s child. The child, Lulu, was born six months after the
wedding. Last week, Bobby discovered that he is not Lulu’s biological father. He
tells Martha that he would never have married her had he known that she was
pregnant with another man’s child.
Bobby and Martha's marriage is voidable. Martha was pregnant with another man's
child at the time of the wedding, which falls under the ground of "Stuprum." Bobby can
request annulment of the marriage since he was unaware of Martha's pregnancy with
another man's child.
Themba, a competent marriage officer, s o l e m n i s e s the marriage between
Katlego and Kris. Katlego’s brother is the only other person who is present at the
wedding.
Katlego and Kris's marriage is void because there were no witnesses present at the
wedding. One of the formal requirements for a civil marriage is the presence of
witnesses, and the absence of witnesses renders the marriage void.
