Motsoatsoa v Roro and Others (46316/09) [2010] ZAGPJHC 122; [2011] 2 All SA 324 (GSJ) (1 November 2010)

Motsoatsoa v Roro and Others (46316/09) [2010] ZAGPJHC 122; [2011] 2 All SA 324 (GSJ) (1 November 2010)

The court found that while lobolo negotiations and partial payment occurred and the applicant and deceased cohabited, the essential requirement of handing over the bride to the groom's family was not fulfilled. The applicant's guardian insisted that the handing over would only occur after full lobolo payment, which was not completed before the deceased's death. The court held that cohabitation and partial lobolo payment do not constitute a valid customary marriage under living customary law. The absence of the formal handing over of the bride, a crucial step in customary marriage, meant that no valid marriage existed between the applicant and the deceased. Accordingly, the application for...

Citation
[2010] ZAGPJHC 122
Parties
Applicant: Boikhutso Bernice Motsoatsoa; Respondent: Johanna Roro; Respondent: Matthews Roro; Respondent: Department of Home Affairs
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
1 November 2010
Case Number
46316/09
Procedural Posture
Civil Application / First Instance
Outcome
Application dismissed with costs.
Judges
Matlapeng
Legal Topics
Recognition of Customary Marriage, Requirements for Valid Customary Marriage, Lobolo, Handing Over of Bride
Family and Children Recognition of Customary Marriage Requirements for Valid Customary Marriage Lobolo Handing Over of Bride

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Boikhutso Bernice Motsoatsoa

Applicant

Johanna Roro

Respondent

Matthews Roro

Respondent

Department of Home Affairs

Respondent

Procedural Posture

Civil Application / First Instance

Legal Issues

  1. 1 Whether a valid customary marriage existed between the applicant and the deceased.
  2. 2 Whether the requirements for a customary marriage under the Recognition of Customary Marriages Act were met.
  3. 3 Whether cohabitation and partial payment of lobolo constitute a valid customary marriage.

Ratio Decidendi

The court found that while lobolo negotiations and partial payment occurred and the applicant and deceased cohabited, the essential requirement of handing over the bride to the groom's family was not fulfilled. The applicant's guardian insisted that the handing over would only occur after full lobolo payment, which was not completed before the deceased's death. The court held that cohabitation and partial lobolo payment do not constitute a valid customary marriage under living customary law. The absence of the formal handing over of the bride, a crucial step in customary marriage, meant that no valid marriage existed between the applicant and the deceased. Accordingly, the application for...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.