King Misuzulu and his third wife, queen Nomzamo Myeni will continue with their wedding as planned at the weekend after the court dismissed the first wife’s application to stop it. Picture: Willem Phungula
Cultural expert Dr Gugu Mazibuko has called for the amendment of the Customary Marriage Act, especially the clauses that recognise a man and woman as a couple soon after lobola is conducted and gifts are exchanged.
The expert was reacting to the Pietermaritzburg High Court decision on Monday which dismissed the application of king Misuzulu kaZwelithini’s first wife, queen Ntokozo Mayisela to interdict the king’s traditional wedding to his third wife-to-be, Nomzamo Myeni.
Dismissing the application, the court said there is no proof that what has been announced as the wedding ceremony between the king and Myeni at the weekend is in fact a wedding in terms of the law. The judge agreed with the king, who in his opposing affidavit denied that what he planned to do on Sunday would amount to a wedding. In his papers, the king denied that he intended to marry anyone while his civil marriage to his wife was still in force.
Another reason cited by the judge was that even if the king marries Myeni at the weekend it would not be a marriage until the couple go to court and register the marriage. Further to the ruling, the judge said there was no need for the queen to stop the king’s marriage since she herself wrote a letter to the king, saying that she accepts polygamy.
However, Mazibuko said the issue with the Customary Marriage Act is that it recognises couples just after the groom has paid lobola and presented gifts to the in-laws before the traditional wedding ceremony - this is the case of the king and Myeni.
“There is a problem with the Customary Marriage Act which needs to be addressed. According to Zulu culture a couple is completely married once they engage in a traditional wedding, like the one that has been organised by the king, where they will exchange vows in a sports field in full view of traditionalists,” said Mazibuko.
Mazibuko also questioned the relevance of registering a marriage when the couple would be deemed legally married after lobola, with full benefits for the spouse.
Reacting to the ruling, the queen’s attorney Melusi Xulu said he respectfully disagrees with the judgment, saying that the Marriage Act recognises the traditional wedding which means the king will be committing bigamy if he continues with his traditional wedding to Myeni.
Xulu said he would wait for his client, the queen, to give him further instructions if she wishes to do so.
Willem.phungula@inl.co.za