Fraudulent marriages in South Africa
Written by Jane Yelland
Director, JFY Attorneys Inc
Fraudulent marriages in South Africa are a more common phenomenon that one realizes. Between April 2018 and June 2019, over 2000 fake / fraudulent marriages were reported. Sadly, when it comes to fraudulent marriages in South Africa, victims are met with callous indifference, ineptitude, ineffectiveness and a misunderstanding of their situation by communities and officials. The questions that then get asked are: what is a fraudulent marriage, how does a fraudulent marriage occur and what can I do if I find myself in such a situation?
A fraudulent marriage occurs when a person’s (victim’s) ID number is used to create a marriage to another person that they don’t even know – it creates a marriage to a complete stranger. The surname of the person (the victim) then gets changed to that of their alleged spouse on the Home Affairs Registry and a marriage is created.
A fraudulent marriage causes many problems for the victim including, but not limited to:
1. Victims can have their credit ratings ruined because their alleged spouse has been opening accounts and has failed to service their debts.
2. Victims are unable to marry their chosen partners and have suffered scorn and indignity in their communities’.
3. Victims are unable to acquire new and valid identity documents which has prevented them from finding and obtaining gainful employment.
4. Victims are unable to access grants to which they are lawfully entitled.
As can be seen, fraudulent marriages are very dangerous and can have very real and serious consequences. This is not something that is to be taken lightly or something that can be simply ignored or ‘swept under the carpet’. The problem is that fraudulent marriages in South Africa are a very tricky and delicate ordeal which is happening more and more often especially in this age of digitalization and information that we find ourselves in.
There are many reasons why a fraudulent marriage may occur. Common reasons are to gain immigration, residency, work or citizenship rights. This is not exhaustive but just provides some guidance and an idea as to why this phenomenon occurs and is so prevalent in society today.
Luckily, should one find themselves in a fraudulent marriage, there is a way out and the fraudulent marriage can be annulled and set aside. The following process would need to be followed to have a fraudulent marriage set aside:
• The person would need to submit a sworn statement from the South African Police
Service that there is the existence of a fraudulent marriage.
• In the sworn statement, the client confirms that to his/her knowledge, such a
marriage is fraudulent and that the client has no knowledge of the existence of such
marriage between herself/himself and someone else.
• Ten specimen signatures of the victim and a copy of the victim’s ID
must also be submitted.
• An investigation is then conducted.
If it is found after the investigation that a fraudulent marriage has in fact taken place, the matter is then referred to the High Court that has the authority and jurisdiction to annul the marriage and have it set aside.
We at JFY Attorneys Inc are committed to ensuring that these practices are prevented and ultimately barred. Fraudulent marriages need to come to an end. Should you need any further advice or assistance in this regard, please do not hesitate to contact us at JFY Attorneys Inc. Let us help you fight back and take control again to make a stand against this unlawful and devastating travesty.