South Africa Case Law

N.N and Others v B.N and Others (3932/2024)

N.N and Others v B.N and Others (3932/2024) [2025] ZAECMHC 46 (5 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

3932/2024

Judge

Mhambi

The court found that the first applicant and the deceased concluded a valid customary marriage in 1978, supported by evidence of lobola and customary ceremonies. The marriage was never dissolved by a court decree, as required by section 8(1) of the Recognition of Customary Marriages Act. Separation, desertion, or unilateral repudiation does not constitute dissolution of a customary marriage under South African law. The civil marriage between the deceased and the first respondent was contracted during the subsistence of the customary marriage and is therefore null and void ab initio. The court…

Source excerpt

• Customary Marriage Dissolution
• Recognition Of Customary Marriages Act
• Civil Marriage Nullity
• Registration Of Customary Marriage
• Irretrievable Breakdown
• Spousal Consent

Mtsweni v Matenchi and Others (3950/2021)

Mtsweni v Matenchi and Others (3950/2021) [2024] ZALMPPHC 116 (11 September 2024)

Court

Limpopo High Court, Polokwane

Case number

3950/2021

Judge

N Gaisa

The High Court dismissed an application to confirm a customary marriage and invalidate a later civil marriage, finding insufficient proof of a valid customary union.

• Recognition Of Customary Marriage Act
• Validity Of Customary Marriage
• Lobolo Negotiations
• Burden Of Proof
• Civil Marriage Nullity
• Customary-marriage

M.J.M v N.C.M and Others (HCAA 04/2022)

M.J.M v N.C.M and Others (HCAA 04/2022) [2022] ZALMPPHC 69 (6 December 2022)

Court

Limpopo High Court, Polokwane

Case number

HCAA 04/2022

Judges

Ledwaba AJ, F Kganyago J, G J Diamond AJ

The majority found that the appellant had proved, on a balance of probabilities, the existence of a customary marriage with the deceased, registered on 13 March 1979, as evidenced by annexure FA 3. The court held that this document, containing the appellant's and deceased's particulars and the date of marriage, constituted prima facie proof under section 4(8) of the Recognition of Customary Marriages Act. There was no evidence of fraud or illegality to rebut this presumption. Consequently, the subsequent civil marriage between the deceased and the first respondent, contracted on 23 December 1…

Source excerpt

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Civil Marriage Nullity
• Registration Of Marriage
• Prima Facie Proof
• Administration Of Deceased Estates

Sarah v Mohononi and Others (22258/2015)

Sarah v Mohononi and Others (22258/2015) [2022] ZAGPPHC 747 (4 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

22258/2015

Judge

Phooko

The court found that a valid customary marriage existed between the Applicant and the First Respondent, as evidenced by the letter from the headman, lobolo payment, and lack of dispute from the Respondents. The subsequent civil marriage between the First and Second Respondent was entered into during the subsistence of the customary marriage and without the Applicant's knowledge or consent. The Recognition of Customary Marriages Act prohibits a spouse in a customary marriage from entering into a civil marriage while the customary marriage subsists, and only a court may dissolve a customary mar…

Source excerpt

• Customary Marriage
• Recognition Of Customary Marriages Act
• Civil Marriage Nullity
• Registration Of Customary Marriage
• Marital Status
• Dissolution Of Marriage

M v M and Others (893/12)

M v M and Others (893/12) [2014] ZASCA 49; [2014] 2 All SA 644 (SCA); 2014 (4) SA 575 (SCA) (1 April 2014)

Court

Supreme Court of Appeal

Case number

893/12

Judges

Mthiyane DP, Petse JA, Saldulker JA, Van Zyl AJA, Legodi AJA

The Supreme Court of Appeal held that the appellant's customary marriage to the deceased, concluded in 1979 and registered in 1991, is valid and recognized under South African law. The registration certificate constitutes prima facie proof of the marriage, and no evidence of fraud was presented to rebut its authenticity. The civil marriage between the first respondent and the deceased, contracted in 1995, is null and void as it contravened section 1 of the Marriage and Matrimonial Property Law Amendment Act, which prohibits contracting a civil marriage during the subsistence of a customary un…

Source excerpt

• Customary Marriage Validity
• Civil Marriage Nullity
• Recognition Of Customary Marriages Act
• Marriage And Matrimonial Property Law Amendment Act