122 Centered on which, the marriage involving the plaintiff along with her partner is actually valid to own the brand new reason for Southern Africa’s conventional rules. 123 Notwithstanding it, brand new Courtroom, after considering the proof earlier, concluded that the newest plaintiff’s husband was not an event so you’re able to a beneficial marriage otherwise union and that Southern African laws recognises as the a wedding and you will which could be an impediment towards the second wedding within the regards to the wedding Operate. 124

Getting purposes of immigration laws, the term “spouse” is scheduled to refer so you’re able to “somebody who are an event to (a) a married relationship; or a customary connection; or (b) a long-term homosexual or heterosexual relationship since given

The fresh new Court went on to examine what constitutes a “spouse” otherwise the name is outlined, and you may whether the relationships complied to your immigration requirements regarding an effective appropriate ily law, the phrase “spouse” are wider enough to is “new widow off good polygamous but de- facto monogamous Muslim matrimony”. 125 From inside the a narrow experience, the phrase border spouses so you’re able to a municipal wedding, a customary marriage, a civil union and you can good Muslim marriage. Continue reading