Pretoria - After 16 years of being “married” to a man she has never met, and then struggling to rectify the situation, the Gauteng High Court, Pretoria, has ordered Home Affairs to amend its records to state that the woman was in fact not married.
Judge Jody Kollapen issued the urgent order after another judge earlier ordered that a copy of the application had to be attached to the notice board of the court and it had to be published in a national newspaper.
This was to afford the man stated on the “marital certificate” the opportunity to object or give his side of the story to the court before a final order was issued declaring that no such marriage ever existed.
The so-called husband’s name was stated as Chao Chen on the marriage certificate. The applicant, whose name was withheld on request of the Wits Law Clinic, which was assisting her, said she had no idea who was.
Efforts to locate him were also futile. The woman has struggled for four years, since by chance discovered that she was married, with Home Affairs to rectify the situation. She eventually turned to court in desperation, but the law had to take its course and she could not immediately obtain an order nullifying the situation.
She, however, said she was desperate to have the record set straight and to resume her “unmarried” status yet again, as her “marriage” had hampered several aspects of her life.
She is HIV-positive, suffers from tuberculosis and is bipolar, and is extremely ill. In fact, she stated in court papers she had no idea how long she had to live, especially in the wake of the Covid-19 pandemic.
She said she only discovered her marital status after she had lost her ID and tried to apply for another.
To make matters worse, she was married in community of property to the faceless Chen.
And she couldn't obtain state benefits without her ID. While Home Affairs was willing to issue her with a replacement document, this showed that she was married.
She is unemployed, a recovering drug addict and she is living with a family member who is financially supporting her.
“As a result of my circumstances, I have been unable to apply for a medical grant to assist me in obtaining the necessary medical care I need. I am also unable to enter any rehabilitation centre as a valid ID is needed.”
The woman said he had approached social workers to help her in applying for a medical grant, but without an ID document, their hands were tied too.
“Without a valid ID I am rendered helpless, as I cannot apply for any employment and I have to rely on my family for my medical and everyday needs. The whole ordeal has left me without any dignity, feeling worthless and ashamed. I am also frustrated with Home Affairs, which said they cannot rectify the situation.”
While it was clear that her “husband” did not choose to marry her because of her financial status, it was speculated that he needed to prove that he was married to remain in the country.
The woman said she did not want to die and leave her family with this mess. She also did not want a situation where Chen could live happily for the rest of his life in the country being “married to a South African citizen” if she were to die or did not rectify the situation.