Mandela wedding is a misguided act of defiance

South Africans should be annoyed at the defiance showed by the grandson of former president Nelson Mandela in proceeding with a wedding which was clearly in contempt of a court order.

On Saturday Mandla Mandela married his third wife, Swazi princess Mbali Makhathini, in a traditional ceremony despite an interdict prohibiting him from doing so.

Ordinarily any joyous occasion for the Mandela family is a cause for great celebration among all South Africans regardless of race but this one involves breaking the law, rejecting an order of court and, interestingly, thumbing one’s nose at Madiba himself.

On Thursday a South African court granted Mandla Mandela’s estranged wife — Tando Mabunu-Mandela, married in terms of a civil law union — an interdict prohibiting him from marrying another woman while their marriage subsists.

The Recognition of Customary Marriages Act (120 of 1998) at section 10 (4) states: “Despite subsection (1), no spouse of a marriage entered into under the Marriage Act, 1961, is, during the subsistence of such marriage, competent to enter into any other marriage.”

The law is thus clear on the point — until Mandla Mandela’s marriage to Mabunu-Mandela is dissolved he cannot marry anyone else.

This is a law which was enacted while Mandela himself was in office and is not a carryover from apartheid. Madiba signed the English version of the above Act on November 20 1998.

Undoubtedly, if Madiba was not as frail as he presently is, he would expect that the laws that were legislated by Parliament during his presidency would be respected by all South Africans.

The court, in granting his granddaughter through marriage the interdict concerned, was certainly applying the law passed by our former president.

The decision therefore to ignore the court order appears to be a slap in the face of Madiba, the judiciary and the people of this country.

The fact that it is being done by a member of the Mandela family suggests that very little research went into he laws giving rise to the interdict.

These laws are required to be upheld by the state and government and as such it would have been highly inappropriate for any members of the state or government to attend the ceremony.

It is unthinkable that such individuals would attend a function where a law enacted during Madiba’s presidency is flouted.

If such law is not capable of being respected by members of the government and state then which laws of South Africa are enforceable?

Which laws are the courts required to uphold if not those currently believed to be the laws of this country?

If the judiciary is unable to discern what the law is then it should become redundant.

If the courts are powerless this leaves what was the authority to which the citizens of this country are answerable?

Warlords? Police? Army?

It is in fact the ANC and the government which should be at the forefront in calling for and taking action flowing from the event. It is after all the duty of state and government to legislate and enforce the law of the country.

This week some poor judge is going to be confronted with a request to jail Mandela’s grandson for getting married.

Mabunu-Mandela is going to be victimised for daring to expect her husband to respect the laws of the country.

The state must be seen to be pro-active in assuming the burden of driving this bus which will alleviate the pressure on everyone else and reaffirm to the people of this country that no matter who you are the laws of South Africa will be enforced.

Politicians, other than to support action by the state, must refrain from offering any support for the conduct of Mandla Mandela. Regardless of whether they think that the divorce is being dragged out or otherwise, the solution can never be to break the law of the country.