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QUESTION 1
Instructions: Read the set of facts below and answer the questions that follow.
Mr Sibanda and his first wife, Jane, obtained a d...
Instructions: Read the set of facts below and answer the questions that follow. Mr
Sibanda and his first wife, Jane, obtained a divorce order in the Caymen Islands in 1998
while Jane was domiciled there. Mr and Mrs Mary Sibanda got married in December
2000 while on vacation in Zanzibar. They executed an ante-nuptial contract excluding
all forms of community of property and of profit and loss. At the time of entering into
the marriage, Mr and Mrs Mary Sibanda were both Malawian citizens, whilst Mr Sibanda
was working and residing in London, England, on a two-year fixed term contract, with
the prospect of a further renewal. However, shortly after returning from their
honeymoon, Mr and Mrs Mary Sibanda immigrated to South Africa and established a
domicile in Johannesburg. Three children were born from the marriage and Mrs Mary
Sibanda stayed at home to look after them, since Mr Sibanda travelled extensively as
the CEO of a large retail company. In October 2018, Mrs Mary Sibanda instituted divorce
proceedings against Mr Sibanda in the South Gauteng High Court, Johannesburg.
1.1 Which legal system applies to the material validity of Mr and Mrs Sibanda’s marriage
in terms of the South African rules of private international law? (2)
The material validity of Mr and Mrs Sibanda’s marriage in terms of South African rules
of private international law is determined by the law of the place where the marriage
certificate was issued1. In this case, the marriage certificate was issued in Zanzibar
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