key to the study guide - Name

FEEDBACK
(1) The requirement that the prescribed formalities for the conclusion of a
marriage should be complied with was at issue in this case.
(2) The applicant in this case applied for an order declaring his marriage
null and void because the wedding had taken place, in conflict with
section 29(2) of the Marriage Act 25 of 1961, in the front garden of a
dwelling house and not in the house.
(3) Section 29(2) of the Marriage Act 25 of 1961.
(4) Section 29(2) provides that a marriage shall be solemnised in a church
or other building which is used for religious services, or in a public
office or private dwelling house with open doors and in the presence of
the parties themselves, and at least two competent witnesses.
(5) The object of the provision is to avoid clandestine marriages.
(6) This decision is to be welcomed since only a material defect ought to
render a marriage void ab initio.
Registration The registration of a marriage is discussed on page 39 of the textbook. You
only have to know that the marriage register has to be signed by the
parties to the marriage, two witnesses and the marriage officer. Should this
not be done, the marriage is not invalid.
Consanguinity
Affinity
Blood relatives in
direct line
Ascendants
Descendants
Blood relatives in
collateral line
Problem area
Here we shall look at the degrees of relationship which make a marriage
unlawful, since students sometimes find it difficult to understand this
section of the work. What we have to say below is merely an attempt to
help you to understand what is contained in your prescribed textbook on
pages 32±34 under the heading ``3.4.4 Persons who are within the
prohibited degrees of relationship''. Our discussion does not replace
those pages, which you must study.
1 Explanation of concepts
It was pointed out above that certain people may not marry each other
because they are too closely related. These people fall into two categories:
those who are related by blood (this is known as blood relationship or
consanguinity) and those who are related by marriage (this is known as
affinity). The relationship can be in the direct line or in the collateral line.
Persons who are blood relatives in the direct line are ascendants and
descendants of each other. (Your ascendants are your forebears or
ancestors, that is, your parents, grandparents, great-grandparents, and
so on. Your descendants are those born of you and your children and their
children, and so on.) Persons who are blood relatives in the collateral line
are not ascendants and descendants but nevertheless have one or more
common ancestor. The common ancestor is a person to whom both
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