122 Considering this, the wedding between your plaintiff and her husband are legitimate to have new reason for Southern area Africa's classic legislation. 123 In spite of that it, the Legal, after as a result of the research before it, determined that the fresh plaintiff's spouse was not a party to help you a beneficial marriage or commitment which Southern African rules recognises because the a marriage and you may which will be an obstacle on 2nd marriage in the terms of the marriage Operate. 124
To possess purposes of immigration legislation, the expression "spouse" is set to refer to "somebody who is a celebration so you're able to (a) a married relationship; or a customary connection; otherwise (b) a permanent homosexual otherwise heterosexual relationships while the given
The newest Legal proceeded to examine exactly what constitutes a beneficial "spouse" otherwise how term would-be outlined, and you can whether the wedding complied toward immigration requirements regarding a great valid ily rules, the expression "spouse" is broad adequate to is "this new widow off good polygamous but de- facto monogamous Muslim relationships". 125 During the a narrow feel, the definition of encompasses spouses in order to a civil wedding, a customary matrimony, a municipal commitment and you may a beneficial Muslim marriage. Plus
