key to the study guide - Name

(b) if the applicant condoned the impotence, in other words excused
it, or
(c) if the impotence was temporary or probably curable.
Sterility In respect of sterility as ground for voidability, you must note the
conflicting opinions in our case law.
ACTIVITY
Read the section on pages 44±45of your prescribed textbook which deals
with sterility and then answer the following questions:
(1) Distinguish between impotence and sterility.
(2) In respect of the discussion on sterility as a ground for voidability of a
marriage, two conflicting opinions exist in our case law. State the
names of the two cases.
(3) What was decided in each of the cases mentioned in (2)?
(4) Which of the decisions mentioned in (3) is preferred by Cronje and
Heaton?
(5) Which constitutional court case lends support to Cronje and Heaton's
view?
(1)
FEEDBACK
STERILITY IMPOTENCE
When a person is able to have sexual
intercourse but cannot procreate children
and is thus infertile
Whenapersonisunabletohavesexual
intercourse
(2) Van Niekerk v Van Niekerk and Venter v Venter.
(3) In Van Niekerk v Van Niekerk it was held that the mere fact of sterility
renders the marriage voidable. On the other hand, it was held in Venter
vVenterthat it is not the mere presence of sterility which renders the
marriage voidable, but the fraudulent concealment thereof.
(4) Cronje and Heaton prefer the approach in the Venter case to that in the
Van Niekerk case.
(5) National Coalition for Gay and Lesbian Equality v Minister of Home
Affairs.
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