Fanti v Boto and Others (16451/2007) [2007] ZAWCHC 78; [2008] 2 All SA 533; 2008 (5) SA 405 (C); (13 December 2007)

Fanti v Boto and Others (16451/2007) [2007] ZAWCHC 78; [2008] 2 All SA 533; 2008 (5) SA 405 (C); (13 December 2007)

The court found that the applicant failed to prove the existence of a valid customary marriage with the deceased. The evidence showed that only a token payment was made to initiate lobolo negotiations, which never progressed to agreement or partial payment. There was no handing over of the bride, nor participation by the deceased's family in any marriage ceremony. The court held that customary marriage requires agreement and participation by both families, and the essential rituals and ceremonies were not observed. The applicant's reliance on the payment as lobolo was rejected, and the court accepted the respondent's version that no customary marriage existed. Consequently, the applicant...

Citation
[2007] ZAWCHC 78
Parties
Applicant: Gideon Zenzile Fanti; Respondent: Lessie Boto; Respondent: Monelwa Lusiba; Respondent: Doves Funerals
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
13 December 2007
Case Number
16451/2007
Procedural Posture
Urgent Application / Opposed Urgent Application for Interdict and Declaratory Relief
Outcome
Application dismissed with costs; first respondent declared entitled to undertake funeral arrangements and burial.
Judges
Dlodlo
Legal Topics
Customary Marriage, Lobolo, Burial Rights, Joinder, Handing Over of Bride
Family and Children Customary Marriage Lobolo Burial Rights Joinder Handing Over of Bride

Case Brief

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Parties

Gideon Zenzile Fanti

Applicant

Lessie Boto

Respondent

Monelwa Lusiba

Respondent

Doves Funerals

Respondent

Procedural Posture

Urgent Application / Opposed Urgent Application for Interdict and Declaratory Relief

Legal Issues

  1. 1 Whether a valid customary marriage existed between the applicant and the deceased.
  2. 2 Whether the applicant is entitled to determine the burial arrangements of the deceased.
  3. 3 Whether the second respondent was properly joined in the proceedings.

Ratio Decidendi

The court found that the applicant failed to prove the existence of a valid customary marriage with the deceased. The evidence showed that only a token payment was made to initiate lobolo negotiations, which never progressed to agreement or partial payment. There was no handing over of the bride, nor participation by the deceased's family in any marriage ceremony. The court held that customary marriage requires agreement and participation by both families, and the essential rituals and ceremonies were not observed. The applicant's reliance on the payment as lobolo was rejected, and the court accepted the respondent's version that no customary marriage existed. Consequently, the applicant...

Court Disposition

Application dismissed with costs; first respondent declared entitled to undertake funeral arrangements and burial.

Orders

  • The Rule Nisi granted on 16 November 2007 is discharged.
  • The application is dismissed with costs.