Chief Patekile Holomisa’s wife of almost two decades has filed for divorce and asked the court to declare his new marriage null and void. Holomisa is the face of tradition as the president of the Congress of Traditional Leaders of SA (Contralesa), and is an ANC MP.
Holomisa
made headlines last year when he stated in a parliamentary committee that "the
ANC knows that the ‘great majority' of South Africans do not want to promote or
protect the rights of gays and lesbians." The ANC was quick to distance itself
from the comments, but failed to discipline Holomisa for making them.
It seems that once again the Chief’s traditional beliefs
are at odds with the law of the land.
Holomisa and
his wife, Bukelwa, were married in 1995 under the Marriage Act 25 of 1961. His
wife is asking for a divorce as he has taken a second wife and according to the
law, “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”.
Though
Bukelwa Holomisa concedes that polygamy is acceptable in African culture, she
says because of her civil union Holomisa cannot marry again while still married
to her. “The second marriage can never
be regarded as valid. This is because civil marriage and a customary marriage
[can’t] co-exist contemporaneously between one spouse and his/her two different
spouses,” she said in papers.
Bukelwa
wants the court to grant a maintenance order “commensurate to the lifestyle I
have enjoyed while married to him having forsaken my future to raise our family
and care for the matrimonial home, allowing him to further his career to the
extent he has”.
It seems
that the Chief needs to learn differentiate between the law and his patriarchal
and homophobic traditional beliefs.