SIBLINGS STOP DAD’S MARRIAGE

MBABANE - The dream of entering the new year with a new younger wife for an 81-year-old widower has been shattered.

Lucas Magagula of Msunduza in Mbabane, had intended to marry Joyce Maziya, who is almost half his age. The order stopping the marriage comes after Magagula’s children moved an application to stop the nuptials pending conclusion of a legal battle between them and the elderly man, over the estate of their late mother Lizzy Mavuso. In their application, the children averred that they feared that they might find themselves homeless should the matrimony between their father and Maziya proceed prior to the distribution of the estate. The marriage ceremony was slated for December 29, 2018 at Christian Ministry Church in Matsapha. The order stopping the marriage between Magagula and Maziya was issued by Judge Titus Mlangeni on December 24, 2018.

Restrained

The judge further restrained and interdicted Pastor Nxumalo of Christian Ministry Church from conducting and solemnising the wedding between Magagula and Maziya. The court ordered the senior citizen to obtain the consent of the Master of the High Court to remarry, as required by the law. In a letter annexed to the court application, Assistant Master of the High Court, Temantimandze Shongwe, stated that it came to their attention that Magagula intended to get married on December 29, 2018. She pointed out that, according to a certificate that was submitted to the office of the Master of the High Court, Magagula was on April 4, 1972, married according to civil rites to the deceased Lizzy Magagula nee Mavuso.  According to Shongwe, as reflected in the certificate that was submitted, Lizzy died on January 8, 2018 and the marriage was never dissolved till she met her death.

“As per Section 89 of the Administration of Estate Act, Mr Magagula must obtain a re-marriage certificate from the Master of the High Court before entering into another marriage, to ensure that the joint estate from his previous marriage is secured for distribution in terms of the law,” stated the assistant master in a letter dated December 27, 2018. The assistant master pointed out that, Magagula had, however, neglected, ignored that piece of legislation and therefore failed to obtain or request for such certificate.

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