Kgori v Nkoana and Others (6480/19) [2020] ZAGPPHC 658 (11 November 2020)

Kgori v Nkoana and Others (6480/19) [2020] ZAGPPHC 658 (11 November 2020)

The court found that while lobolo negotiations and payment occurred, there was insufficient evidence of the essential customary rituals required for a valid marriage under Sepedi law, specifically the handing over of the bride and celebratory customs. The applicant failed to provide confirmatory affidavits from individuals present at any alleged celebrations, and the third respondent's detailed account of the absence of such rituals was accepted. The court held that the requirements of section 3 of the Recognition of Customary Marriages Act were not met, and the mere payment of lobolo and intention to marry did not suffice. The non-registration of the marriage was irrelevant to its...

Citation
[2020] ZAGPPHC 658
Parties
Applicant: Monica Dikeledi Kgori; Respondent: Elizabeth Mamsi Nkoana; Respondent: Cleodora Pertunia Schalk; Respondent: Halamalani Nelly Nkoana; Respondent: Minister of Home Affairs; Respondent: Master of High Court Gauteng
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 November 2020
Case Number
6480/19
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Lukhaimane
Legal Topics
Recognition of Customary Marriages Act, Validity of Customary Marriage, Sepedi Customs, Handing Over of Bride, Lobolo Payment
Family and Children Recognition of Customary Marriages Act Validity of Customary Marriage Sepedi Customs Handing Over of Bride Lobolo Payment

Case Brief

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Parties

Monica Dikeledi Kgori

Applicant

Elizabeth Mamsi Nkoana

Respondent

Cleodora Pertunia Schalk

Respondent

Halamalani Nelly Nkoana

Respondent

Minister of Home Affairs

Respondent

Master of High Court Gauteng

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether a valid customary marriage was concluded between the applicant and the deceased under Sepedi law.
  2. 2 Whether the requirements of section 3 of the Recognition of Customary Marriages Act were met.
  3. 3 Whether the absence of registration affects the validity of the marriage.

Ratio Decidendi

The court found that while lobolo negotiations and payment occurred, there was insufficient evidence of the essential customary rituals required for a valid marriage under Sepedi law, specifically the handing over of the bride and celebratory customs. The applicant failed to provide confirmatory affidavits from individuals present at any alleged celebrations, and the third respondent's detailed account of the absence of such rituals was accepted. The court held that the requirements of section 3 of the Recognition of Customary Marriages Act were not met, and the mere payment of lobolo and intention to marry did not suffice. The non-registration of the marriage was irrelevant to its...

Court Disposition

Application dismissed with costs.

Orders

  • It is declared that no valid customary marriage took place between the applicant and the deceased.
  • The application is dismissed with costs.