F.C v B.M and Another (2018/59387) [2019] ZAGPPHC 396 (16 August 2019)

F.C v B.M and Another (2018/59387) [2019] ZAGPPHC 396 (16 August 2019)

The court found that the requirements for a valid customary marriage under the Recognition of Customary Marriages Act were met: both parties were over 18, consented to the marriage, and lobola was negotiated and paid. The absence of a formal 'handing-over' ceremony did not invalidate the marriage, as the families agreed to dispense with certain formalities and the applicant was taken to the first respondent's home with approval. The first respondent's admissions regarding lobola payment and references to the applicant as his spouse further supported the existence of a customary marriage. The court held that the late registration should be condoned and ordered the Minister to register the...

Citation
[2019] ZAGPPHC 396
Parties
Applicant: F[….] C[….]; Respondent: B[….] M[….]; Respondent: Minister of the Department of Home Affairs
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 August 2019
Case Number
2018/59387
Procedural Posture
Civil Application / First Instance Judgment
Outcome
Application granted; customary marriage declared valid; late registration condoned; Minister ordered to register marriage and issue certificate; costs awarded against first respondent.
Judges
Mokose
Legal Topics
Recognition of Customary Marriage, Lobola Negotiation, Registration of Customary Marriage, Handing Over Ceremony, Costs Award
Family and Children Recognition of Customary Marriage Lobola Negotiation Registration of Customary Marriage Handing Over Ceremony Costs Award

Case Brief

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Parties

F[….] C[….]

Applicant

B[….] M[….]

Respondent

Minister of the Department of Home Affairs

Respondent

Procedural Posture

Civil Application / First Instance Judgment

Legal Issues

  1. 1 Whether a valid customary marriage existed between the applicant and the first respondent.
  2. 2 Whether the absence of a formal 'handing-over' ceremony invalidates the customary marriage.
  3. 3 Whether the late registration of the marriage should be condoned.

Ratio Decidendi

The court found that the requirements for a valid customary marriage under the Recognition of Customary Marriages Act were met: both parties were over 18, consented to the marriage, and lobola was negotiated and paid. The absence of a formal 'handing-over' ceremony did not invalidate the marriage, as the families agreed to dispense with certain formalities and the applicant was taken to the first respondent's home with approval. The first respondent's admissions regarding lobola payment and references to the applicant as his spouse further supported the existence of a customary marriage. The court held that the late registration should be condoned and ordered the Minister to register the...

Court Disposition

Application granted; customary marriage declared valid; late registration condoned; Minister ordered to register marriage and issue certificate; costs awarded against first respondent.

Orders

  • It is declared that a customary marriage has been concluded between the applicant and the first respondent.
  • The late registration of the customary marriage is condoned.