South Africa Case Law

Mbungela and Another v Mkabi and Others (820/2018)

Mbungela and Another v Mkabi and Others (820/2018) [2019] ZASCA 134; 2020 (1) SA 41 (SCA); [2020] 1 All SA 42 (SCA) (30 September 2019)

Court

Supreme Court of Appeal

Case number

820/2018

Judges

Maya P, Zondi JA, Molemela JA, Mokgohloa JA, Dlodlo JA

The Supreme Court of Appeal held that the absence of the ceremony of handing over the bride did not invalidate the customary marriage between Mr Mkabi and the deceased. The court found that the essential requirements for a valid customary marriage under s 3(1)(b) of the Recognition of Customary Marriages Act were met: lobola negotiations occurred, a substantial portion of lobola and a live cow were paid, and gifts were exchanged between the families. The conduct of both families, including mutual attendance at funerals and the couple's church wedding, indicated recognition of the marital rela…

Source excerpt

• Recognition Of Customary Marriages Act
• Customary Law Evolution
• Bridal Transfer Waiver
• Lobola Payment
• Marital Status Determination