Tsambo v Sengadi (244/19) [2020] ZASCA 46 (30 April 2020)

Tsambo v Sengadi (244/19) [2020] ZASCA 46 (30 April 2020)

The Supreme Court of Appeal held that a valid customary marriage was concluded between the respondent and the deceased on 28 February 2016. The court found that the requirements of s 3(1) of the Recognition of Customary Marriages Act were met, including negotiation, celebration, and consent. The court rejected the appellant's argument that the physical handing over of the bride was a strict requirement, noting that customary law is dynamic and rituals may be waived or symbolically performed. The evidence showed that the respondent was accepted as the deceased's wife by his family, and subsequent cohabitation further supported the existence of a marriage. The appellant's bare denials did...

Citation
[2020] ZASCA 46
Parties
Appellant: Robert Tsambo; Respondent: Lerato Rubeta Sengadi
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 April 2020
Case Number
244/19
Procedural Posture
Civil Appeal / Appeal From Gauteng Division of the High Court, Johannesburg
Outcome
Appeal dismissed with no order as to costs.
Judges
Maya, Mbha, Zondi, Molemela, Mojapelo
Legal Topics
Recognition of Customary Marriages Act, Customary Marriage Requirements, Handing Over of Bride, Living Customary Law, Waiver of Customs
Family and Children Recognition of Customary Marriages Act Customary Marriage Requirements Handing Over of Bride Living Customary Law Waiver of Customs

Case Brief

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Parties

Robert Tsambo

Appellant

Lerato Rubeta Sengadi

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division of the High Court, Johannesburg

Legal Issues

  1. 1 Whether a valid customary marriage came into existence between the deceased and the respondent on 28 February 2016.
  2. 2 Whether the requirement of handing over the bride is a strict prerequisite for a valid customary marriage under s 3(1)(b) of the Recognition of Customary Marriages Act.
  3. 3 Whether the high court correctly applied the Plascon-Evans rule regarding disputes of fact in motion proceedings.

Ratio Decidendi

The Supreme Court of Appeal held that a valid customary marriage was concluded between the respondent and the deceased on 28 February 2016. The court found that the requirements of s 3(1) of the Recognition of Customary Marriages Act were met, including negotiation, celebration, and consent. The court rejected the appellant's argument that the physical handing over of the bride was a strict requirement, noting that customary law is dynamic and rituals may be waived or symbolically performed. The evidence showed that the respondent was accepted as the deceased's wife by his family, and subsequent cohabitation further supported the existence of a marriage. The appellant's bare denials did...

Court Disposition

Appeal dismissed with no order as to costs.

Orders

  • The appeal is dismissed.
  • No order as to costs.