Mr and Mrs Mary Sibanda got married in the Cayman Islands while on holiday there in December 1982. A couple of weeks before this marriage, Mr Sibanda flew to the Dominican Republic to obtain a divorce from his first wife, Jane Sibanda. At the time of entering into the marriage, Mr and Mrs Mary Sibanda were both domiciled in England, but citizens of Botswana. Shortly after their marriage, Mr and Mrs Mary Sibanda immigrated to South Africa and established a domicile in Johannesburg. Two children were born from the marriage and Mrs Mary Sibanda stayed at home to look after the children, while Mr Sibanda worked as a chartered accountant for a large firm. In 2003, Mrs Mary Sibanda instituted divorce proceedings against Mr Sibanda in a South African High Court. Upon institution of the divorce proceedings, Mrs Mary Sibanda also claimed a redistribution of assets.

1.1 Upon the institution of divorce proceedings by Mrs Mary Sibanda, Mr Sibanda argued that the parties were never legally married, since the divorce obtained in the Dominican Republic was not valid. Before the court may proceed in adjudicating over the divorce between the parties, it needs to determine the validity of the Dominican divorce. What type of private international law issue is the court faced with? Discuss with reference to your relevant prescribed material.