Mxiki v Mbata (A844/2012) [2014] ZAGPPHC 825 (23 October 2014)

Mxiki v Mbata (A844/2012) [2014] ZAGPPHC 825 (23 October 2014)

The court held that although lobola was partially paid and marriage negotiations occurred, the essential requirement of handing over the bride to the husband's family was not fulfilled. Customary law requires not only negotiation and payment of lobola but also the formal handing over of the bride, which signifies the union of the two families. The absence of this ceremony meant that the marriage was not entered into or celebrated in accordance with customary law, as required by the Recognition of Customary Marriages Act. Therefore, no valid customary marriage existed between the appellant and the deceased.

Citation
[2014] ZAGPPHC 825
Parties
Appellant: Singanga Welsh Mxiki; Respondent: Victoria Nompumelelo Mbata; Applicant: Victoria Nompumelelo Mbata; Respondent: Department of Home Affairs; Respondent: Master of the North Gauteng High Court, Pretoria; Respondent: Singanga Welsh Mxiki
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 October 2014
Case Number
A844/2012
Procedural Posture
Civil Appeal / Appeal From Judgment of Teffo J; Review of Order to Register Customary Marriage
Outcome
Appeal allowed; order of the court below set aside.
Judges
K E Matojane, C P Rabie, L M Molopa-Sethosa
Legal Topics
Recognition of Customary Marriage Act, Validity of Customary Marriage, Lobola Payment, Handing Over Ritual
Family and Children Recognition of Customary Marriage Act Validity of Customary Marriage Lobola Payment Handing Over Ritual

Case Brief

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Parties

Singanga Welsh Mxiki

Appellant

Victoria Nompumelelo Mbata

Respondent

Victoria Nompumelelo Mbata

Applicant

Department of Home Affairs

Respondent

Master of the North Gauteng High Court, Pretoria

Respondent

Singanga Welsh Mxiki

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment of Teffo J; Review of Order to Register Customary Marriage

Legal Issues

  1. 1 Whether a valid customary marriage existed between the appellant and the deceased under the Recognition of Customary Marriages Act.
  2. 2 Whether the payment of lobola alone constitutes a valid customary marriage.
  3. 3 Whether the absence of the handing over ceremony invalidates the customary marriage.

Ratio Decidendi

The court held that although lobola was partially paid and marriage negotiations occurred, the essential requirement of handing over the bride to the husband's family was not fulfilled. Customary law requires not only negotiation and payment of lobola but also the formal handing over of the bride, which signifies the union of the two families. The absence of this ceremony meant that the marriage was not entered into or celebrated in accordance with customary law, as required by the Recognition of Customary Marriages Act. Therefore, no valid customary marriage existed between the appellant and the deceased.

Court Disposition

Appeal allowed; order of the court below set aside.

Orders

  • The application is dismissed with costs.