Sikhosana v Kabini NO and Others (2021/59067) [2023] ZAGPJHC 889 (8 August 2023)

Sikhosana v Kabini NO and Others (2021/59067) [2023] ZAGPJHC 889 (8 August 2023)

The court found, on a balance of probabilities, that the applicant and the deceased intended the celebrations following the lobolo negotiations to include a marriage celebration, satisfying the requirements of a valid Ndebele customary marriage. The court emphasized the flexible and evolving nature of customary law, noting that strict adherence to traditional formalities is not required if the parties and families agree to a different form of compliance. The applicant failed to provide evidence for the removal of the first respondent as executor and did not refute allegations of theft. The applicant's conduct was criticized, and he was deprived of costs, while the first respondent was...

Citation
[2023] ZAGPJHC 889
Parties
Applicant: Tseko Godfrey Sikhosana; Respondent: Marry-Jane Nonhlanhla Kabini NO; Respondent: Minister of Home Affairs; Respondent: Master of the High Court
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 August 2023
Case Number
2021/59067
Procedural Posture
Civil Application / Judgment
Outcome
The application for a declaration of a valid customary marriage and its registration is granted. The application for removal of the first respondent as executor is dismissed. Costs are awarded partially against the applicant.
Judges
D Marais
Legal Topics
Recognition of Customary Marriages Act, Customary Marriage Validity, Ndecele Custom, Lobolo Payment, Executor Removal, Costs Award
Family and Children Recognition of Customary Marriages Act Customary Marriage Validity Ndecele Custom Lobolo Payment Executor Removal Costs Award

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Parties

Tseko Godfrey Sikhosana

Applicant

Marry-Jane Nonhlanhla Kabini NO

Respondent

Minister of Home Affairs

Respondent

Master of the High Court

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether a valid customary marriage was concluded and celebrated between the applicant and the deceased under Ndebele custom.
  2. 2 Whether the marriage must be registered under the Recognition of Customary Marriages Act.
  3. 3 Whether the first respondent should be removed as executor of the deceased's estate.

Ratio Decidendi

The court found, on a balance of probabilities, that the applicant and the deceased intended the celebrations following the lobolo negotiations to include a marriage celebration, satisfying the requirements of a valid Ndebele customary marriage. The court emphasized the flexible and evolving nature of customary law, noting that strict adherence to traditional formalities is not required if the parties and families agree to a different form of compliance. The applicant failed to provide evidence for the removal of the first respondent as executor and did not refute allegations of theft. The applicant's conduct was criticized, and he was deprived of costs, while the first respondent was...

Court Disposition

The application for a declaration of a valid customary marriage and its registration is granted. The application for removal of the first respondent as executor is dismissed. Costs are awarded partially against the applicant.

Orders

  • It is declared that a valid customary marriage was concluded and celebrated between the applicant and the deceased, Nomfundo Lucia Kabini, on 21 March 2021.
  • The second respondent is ordered to register the customary marriage.