Khambule v Mazibuko and Another (4631/2020) [2022] ZAFSHC 152 (9 June 2022)

Khambule v Mazibuko and Another (4631/2020) [2022] ZAFSHC 152 (9 June 2022)

The court found that although lobola negotiations and partial payment occurred between the applicant and the deceased's family, there was no subsequent celebration, handing over of the bride, or any ritual marking the commencement of a customary marriage. The evidence did not show that the parties waived the requirement for such rituals, nor was there mutual recognition of the applicant as the deceased's wife by both families. The applicant's version was preferred over the respondent's regarding the occurrence of lobola negotiations, but the absence of further customary acts meant that the requirements of section 3 of the Recognition of Customary Marriages Act were not met. Therefore, no...

Citation
[2022] ZAFSHC 152
Parties
Applicant: Kefilwe Doris Khambule; Respondent: Ntskeiseng Maria Mazibuko; Respondent: The Minister of Home Affairs
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
9 June 2022
Case Number
4631/2020
Procedural Posture
Civil Application / Judgment After Referral for Oral Evidence
Outcome
Application dismissed; no valid customary marriage found between the applicant and the deceased.
Judges
N. M. Mbhele
Legal Topics
Customary Marriage, Recognition of Customary Marriages Act, Lobola Negotiations, Handing Over of Bride, Marriage Celebration
Family and Children Customary Marriage Recognition of Customary Marriages Act Lobola Negotiations Handing Over of Bride Marriage Celebration

Case Brief

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Parties

Kefilwe Doris Khambule

Applicant

Ntskeiseng Maria Mazibuko

Respondent

The Minister of Home Affairs

Respondent

Procedural Posture

Civil Application / Judgment After Referral for Oral Evidence

Legal Issues

  1. 1 Whether a valid customary marriage existed between the applicant and the deceased.
  2. 2 Whether lobola negotiations alone, without the handing over of the bride or marriage celebration, constitute a valid customary marriage under South African law.

Ratio Decidendi

The court found that although lobola negotiations and partial payment occurred between the applicant and the deceased's family, there was no subsequent celebration, handing over of the bride, or any ritual marking the commencement of a customary marriage. The evidence did not show that the parties waived the requirement for such rituals, nor was there mutual recognition of the applicant as the deceased's wife by both families. The applicant's version was preferred over the respondent's regarding the occurrence of lobola negotiations, but the absence of further customary acts meant that the requirements of section 3 of the Recognition of Customary Marriages Act were not met. Therefore, no...

Court Disposition

Application dismissed; no valid customary marriage found between the applicant and the deceased.

Orders

  • The application is dismissed.
  • Each party to pay her own costs.