Mabena v Ramonaka and Others (2529/2022) [2025] ZAGPJHC 128 (13 February 2025)

Mabena v Ramonaka and Others (2529/2022) [2025] ZAGPJHC 128 (13 February 2025)

The court found that the applicant and the deceased met the essential requirements for a valid customary marriage under section 3(1) of the Recognition of Customary Marriages Act. The evidence showed that both parties consented, lobola was fully paid, and they lived together as husband and wife, raising children and acquiring property. The absence of certain Sepedi rituals, specifically the bridal transfer, did not invalidate the marriage, as customary law is flexible and must be interpreted in light of the parties' intentions and lived experience. The court relied on the Supreme Court of Appeal's guidance that the bridal transfer is not a strict requirement if the families acknowledge...

Citation
[2025] ZAGPJHC 128
Parties
Applicant: Themba Mabena; Respondent: Thandi Ramonaka; Respondent: Peter Ramonaka; Respondent: The Minister of Home Affairs; Respondent: The Master of the High Court
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 February 2025
Case Number
2529/2022
Procedural Posture
Declaratory Application / Judgment
Outcome
Application granted in part: The customary marriage between the applicant and the deceased is declared valid and in community of property; posthumous registration ordered; costs awarded against the first and second respondents.
Judges
Minnaar
Legal Topics
Customary Marriage, Recognition of Customary Marriages Act, Registration of Marriage, Community of Property
Family and Children Customary Marriage Recognition of Customary Marriages Act Registration of Marriage Community of Property

Case Brief

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Parties

Themba Mabena

Applicant

Thandi Ramonaka

Respondent

Peter Ramonaka

Respondent

The Minister of Home Affairs

Respondent

The Master of the High Court

Respondent

Procedural Posture

Declaratory Application / Judgment

Legal Issues

  1. 1 Whether the applicant and the deceased entered into a valid customary marriage under South African law.
  2. 2 Whether the absence of certain Sepedi cultural rituals, specifically the bridal transfer, invalidates the marriage.
  3. 3 Whether the marriage should be registered posthumously and declared to be in community of property.

Ratio Decidendi

The court found that the applicant and the deceased met the essential requirements for a valid customary marriage under section 3(1) of the Recognition of Customary Marriages Act. The evidence showed that both parties consented, lobola was fully paid, and they lived together as husband and wife, raising children and acquiring property. The absence of certain Sepedi rituals, specifically the bridal transfer, did not invalidate the marriage, as customary law is flexible and must be interpreted in light of the parties' intentions and lived experience. The court relied on the Supreme Court of Appeal's guidance that the bridal transfer is not a strict requirement if the families acknowledge...

Court Disposition

Application granted in part: The customary marriage between the applicant and the deceased is declared valid and in community of property; posthumous registration ordered; costs awarded against the first and second respondents.

Orders

  • The customary marriage between the applicant and the late Me Masaku Ramonaka is declared valid for all intents and purposes and is to be in community of property, profit and loss.
  • The Third Respondent is ordered to register the customary marriage between the applicant and the late Me Masaku Ramonaka in terms of section 4 of the Recognition of Customary Marriages Act 120 of 1998 posthumously and to issue the marriage certificate within 20 days from the date of service of this order.