When it comes to celebrity marriages and relationships, especially in South Africa, you should expect anything. But just when we thought we had seen it all, here comes the story of Nandi Madida and Zakes Bantiwini who both decided they had had enough of their marriage union. With the whole public display of affection (PDA) that has been the theme of their relationship, one would have thought that the duo was so much in love with each other and would give up anything for each other, but it does not look that way.
Nandi and Zakes decided to dissolve their union for the most unlikely of reasons that do not include infidelity, domestic violence, lack of respect, and so on. The couple revealed that they were dissolving their marriage because they realized they registered for the wrong marriage contract which entailed them to both own their properties. Their initial agreement was to go for a marriage contract that gives them the liberty to own their properties independently.
Even though it is not an actual divorce per se, the whole idea was still greeted with criticism by the public. But despite all the public condemnation that came with the whole process, they have been able to handle it and are still together as the power couple we have known them to be.
Nandi Madida and Zakes Bantiwini Realized in 2020 That They Were In A Wrong Marriage Contract
Zakes Bantwini and Nandi Madida have served as couple goals countless times that so many fans looked up to the couple for inspiration. They were (and still are) one of South Africa’s power couples and have several business collaborations especially with regards to music. This may explain why Zakes and Nandi decided that when getting married, they would go for a marriage contract that allows each person to own and manage their finances, assets, and earnings as an individual, despite the fact that they are married to each other.
However, this (as should be the case) was not known by the public as everyone only appreciated the couple and their chemistry together. The premarital agreements would, however, become public knowledge when they realized the marriage was not registered according to their initial arrangement which prompted a need to correct the error. As fans didn’t see their change of marriage contract coming, the revelation by Sunday World threw the public into a frenzy with blogs and media outlets reporting that the couple were breaking up.
The couple got married on June 8, 2016, and as a result of a miscommunication, or rather a misunderstanding between them and their marriage officer at the time of their marriage registration, it was erroneously registered as an “In Community of Property” marriage instead of an “Out of Community of Property” marriage contract.
After being together for four years before they realized that the marriage contract was registered wrongly, the duo decided to correct the error as it was not their initial plan before marriage. This was discovered during a review of their personal financial affair in 2020. According to the affidavit, in which Zakes Bantwini and Nandi Madida are both first and second applicants respectively, the reason for their decision to settle for an ‘Out of Community of Property’ marriage contract is because they both have independent sources of income. It read in part:
What is an “Out of Community of Property” Marriage Contract and Why Are They Opting For It?
Most people don’t realize it but there are several kinds of marriage contracts which intending couples can opt for based on what suits them and is convenient for their union. In each case, there are laws that govern such contracts which are instituted by the government and differ from country to country, including South Africa – something which the case of Nandi Madida and Zakes Bantiwini has brought to the fore.
An ‘Out of Community of Property’ marriage contract is one that gives credence to the colloquial saying “what is yours is yours and what is mine is mine”. It is a contract that assures that any property (or debt) owned by an individual before and during the marriage is not merged into a joint estate and cannot be administered by both partners equally and independently throughout the duration of the marriage union even after its dissolution.
It requires the signing of an antenuptial contract before the marriage union is sealed. In the case that this is not done (the antenuptial contract is not signed), the marriage union is by default registered as an ‘In Community of Property’ union – which means that assets and liabilities acquired by any one of the individuals involved in the marriage before or during its duration are shared by their partner and even after the marriage is no more.
The Couple Both Want The Change of Marriage Contract
Nandi Madida and Zakes Bantiwini decided to change their marriage contract in 2020, from what was erroneously registered – In Community of Property – to what they actually wanted – Out of Community of Property. The latter gives the couples two options to choose from: it can either be with or without accrual.
With accrual means that whatever belonged to each of them before marriage remains for the individual owner during and after the duration of the marriage, but any other wealth they accumulate while married to each other, including debts, will be a joint estate, that is, it will be owned and administered by both parties.
On the other hand, without accrual means that each person keeps his or her properties whether before, during, and after the marriage. And this is the option Nandi Madida and Zakes Bantiwini are signing up for. Change of marriage contract sometimes takes a long time and it can also be an expensive process that can cost as much as R200,000 – R500,000.
Unlike Zakes Bantiwini, Nandi Madida Does Not Have Any Property To Her Name At The Moment
Having an ‘In Community of Property’ marriage contract meant that Nandi could take major decisions (with the consent of her partner of course) with regards to all the properties belonging to Zakes before and during their marriage, even though, she had no property of her own. On learning about this, many fans have concluded that this is the reason Zakes Bantiwini wanted the marriage contract in the first instance. Interesting as that may sound, that may not be entirely accurate.
While it is true that the beautiful face of the Lux soap brand, Nandi Madida does not have any landed property to her name at the time, her career was only going to bloom and assets may not be in short supply. Her husband, Zakes Bantiwini, on the other hand, owns a R3.4 million house in Morningside in Durban and another R1.5 million crib in Thornhill, Modderfontein, in Johannesburg.
Although she does not have any asset to her name, their decision is understandable considering the fact that they are both successful in their respective careers. While Zakes is a successful singer, businessman, and record producer, Nandi Madida is a successful award-winning singer, actress, model, and TV presenter.
And again, it should be noted that assets are not the only thing that is shared in this arrangement. It must be stated that debts and liabilities are also shared equally. This means while it is seen that Zakes is keeping his assets to himself, the bright side (if we can call it that) is that his liabilities would also be his to grind also.
The Power Couple Are Not Getting Divorced
The process of changing a marriage contract can be very difficult which makes some couples opt for an easier route of getting a divorce and then getting married again. However. that’s not a route Zakes and his beautiful wife Nandi intend to take. At least, they have not given any indication of doing that.
As of September 2020, they sent an affidavit to the high court signed by both of them to change their marriage contract from “In Community of Property” to “Out of Community of Property” contract. Despite doing that, it is still not a done deal as the courts would need to be satisfied with their reasons for dissolving the initial contract to ensure that no party is at loss.
Fans Have Wondered Why The Process Was Not Completed in the First Instance
The news about their marriage change of contract did not meet fans well, as they thought their power couple was getting divorced – which turned out not to be the case. However, their change in marriage contract cost them a lot of money, and they are still together as husband and wife. They were also able to manage the criticisms from fans and misinformation by the media so well that it did not affect their marriage.
While trying to clarify the talking points arising from the saga, litigation lawyer Puleng Tladi says such mistakes occur when a couple gets married without going to an attorney or a notary to draw up an antenuptial contract. As mentioned above, failure to sign an antenuptial contract outrightly means that the couple is married in a community of property.
Usually, an Antenuptial Contract (ANC) takes three months after registration to be signed. If until the wedding day, it has not been signed then the couple would have to seek permission from the high court for the late signing of ANC.
Nandi Madida and Zakes Bantiwini Have Served Couple Goals
Before this whole change of marriage contract saga, Nandi Madida and Zakes Bantwini were known as a happily married couple who showcased their love with PDA that served as couple goals to several onlookers. The lovebirds met at a South Africa Music Awards (SAMA) nomination party and it was love at first sight for them. Nandi was already a fan of Zakes music and always wanted to work with him. Before then, she has made attempts to establish contact but realized that she couldn’t afford it at the time.
When they met, Bantwini was bold enough to tell her that he loved her, and that was too much for her to take in at that time seeing someone she adored and had been dying to meet profess love for her. But when he asked of her number, she declined not out of reluctance, but out of awe. However, on second thought, she gave him the number and the rest, they say, is history.
The duo started off their relationship on a professional note, but after some time, it moved from just a professional relationship to a romantic one. They continued dating in private so much that when they eventually announced their wedding plans, it came as a shock to everyone. They even attended pre-marital counseling for one year to prepare for their marriage.
The lovebirds kept their wedding plans private as only close friends and family members were invited. Their union has since been blessed with two children; the first is a boy named Shaka who was born in 2016 and their second child is a girl, Nefertiti, who was born in 2019. Although their parents keep their lives private, they don’t fail to share memorable moments and information about their children.
In May 2020, Nandi shared a video on Instagram to show fans that her daughter had turned one, and according to their Zulu culture, she has shaved her hair. That same month, she shared a picture of her handsome son holding some amadumbe, which were cultivated and grown in his own farm, and as his mother, she was proud of him.
Their parenting style can be seen as described by the Organic singer in a tweet she posted in March 2021. According to her, she wants her children to live their truth, to be open about who they are, what they want – including their sexuality – without being apologetic about any of it. Quite liberal-minded, however, while some praised her for her open-mindedness and boldness, others thought it wasn’t the way to go with kids.
I want my kids to live their truth, whether it be their dreams, their sexuality, their pain, their passion. I never want them to feel they have to hide any part of who they are. They must be free to live their life for themselves and own their story.I want my kids to just BE ❤️
— Nandi Madida (@Nandi_Madida) March 6, 2021
We need more parents like you❤️💓
— Royalty Lord👑 (@royalty_lorde) March 6, 2021
You will not have disciplined kids. They need guidance from you until they are able to separate between wrong and right.
— Christopher Sono (@SonoChristopher) March 6, 2021