In Ex parte Dow 1987 (3) SA 829 (D) the court decided that a marriage that had
been solemnized in the garden of a private dwelling is
valid under South African law, provided that certain requirements have been met. The court held that the ceremony must be conducted in accordance with the requirements of the Marriage Act, which requires that the parties must be over 18 years of age, both parties must give their free and voluntary consent to the marriage, and the ceremony must be conducted by a minister, magistrate or validly appointed marriage officer.
In the case of Ex parte Dow, the court found that the ceremony in the garden of a private dwelling had been conducted in accordance with these requirements, and therefore the marriage was valid. The court noted that the site of the ceremony was not relevant, and that the key issue was whether the ceremony had been conducted in accordance with the requirements of the law.
The decision in Ex parte Dow has been followed in subsequent cases, and it is now well established that a marriage may be solemnized in a private dwelling, provided that the requirements of the Marriage Act are met. This means that couples are free to choose the location for their marriage ceremony, as long as they comply with the legal requirements.