She does not know him`: How to get a fraudulent marriage annulled

Source: News24, 10/09/2019

She is currently heavily stressed and cannot apply for the new
smart ID or renew her driver’s license. All Home Affairs can tell
her is that he is a Pakistani.
We would appreciate any advice or help in my cousin getting her
life back together.
Thanks,
Concerned Cousin
Dear Reader,
We can completely understand why your cousin is incredibly
stressed and frustrated - she probably feels like she is
constantly hitting a brick wall of red tape and empty promises. Of
course, it’s going to be very difficult for her to carry on with
her life without dealing with this fraudulent marriage weighing
her down.
Sadly, fraudulent marriages are quite common in South Africa, and
many women across the country are sent from pillar to post trying
to solve the issue (it’s even been reported that some women have
been trying to dispute alleged fake marriage for over a decade!).
In early 2019, it was reported that the Wits Law Clinic would
bring class action lawsuits against the Department of Home Affairs
on behalf of five women who have been unable to nullify their
“marriages”.
Of course, aside from the emotional and financial implications, a
fake marriage can have far-reaching consequences, such as not
being able to register the births of children or getting birth
certificates; racking up bad credit ratings; not being able to
marry someone else legally; being denied an ID or drivers licence
renewal; and not being able to access any grants- to name a few.
In terms of a possible solution, it’s important to double check
that your cousin submitted all the correct documents. Judging by
your question, it seems that she did do this multiple times, but
just to make sure, use the following as a guide (we’ll offer
another solution, too).
According to the Department of Home Affairs spokesperson, David
Hlabane, a person who wants to annul a fraudulent marriage must:
• Submit a sworn statement from the South African Police Service
that states they have no knowledge of the existence of the
marriage.
• Submit ten specimen signatures and a copy of their ID document.
An investigation into the matter should then be carried out.
During the investigation, the Department will check for the
existence of a marriage register and scrutinise the office in
which the alleged marriage was conducted.
In the event that a register does exist, the investigators will
compare the signatures on it to the specimens submitted. If there
is a discrepancy, the matter will then be referred to a court.
If the above process continues to go nowhere, it is well within a
citizen’s right to approach the Public Protector for assistance,
and if that proves to be futile, there is the Presidential
Hotline.
This is a dedicated hotline for anyone who sought assistance from
a government department, province, state organisation or
municipality. State departments are bound by the Constitution to
carry out their functions and duties transparently and efficiency.
Should they fail to do this, South Africans can hold these
departments accountable for not upholding their rights.
Presidential hotline
Tel: 17737 (1 PRES)
Fax: 086 681 0987 /012 323 8246
E-mail: president@po.gov.za
As you can see, this can be a complicated and tricky ordeal to
remedy, so if possible, get a lawyer to assist you and have your
back, should you have questions.
But it is also worth noting that while the Wits Law Clinic hasn’t
indicated when the case of the five women they are representing
will go to court, they have stated that other women who are facing
this issue must reach out for assistance by emailing
Philippa.Kruger@wits.ac.za or calling 011 717 8562.
www.samigration.com