South Africa Case Law

Khashane v Minister of Home Affairs and Others (052246/2023)

Khashane v Minister of Home Affairs and Others (052246/2023) [2024] ZAGPPHC 3; 2024 (5) SA 242 (GP) (12 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

052246/2023

Judge

Khwinana

The High Court ordered posthumous registration of a valid customary marriage, holding that the husband’s death before registration did not invalidate the union.

• Recognition Of Customary Marriages Act
• Posthumous Registration
• Marriage Certificate
• Condonation Of Late Registration
• Customary-marriage
• Posthumous-registration

Ratabane v Department of Home Affairs and Another (2017/48021)

Ratabane v Department of Home Affairs and Another (2017/48021) [2018] ZAGPJHC 5 (29 January 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2017/48021

Judge

Spilg

The court postponed an unopposed application to register a customary marriage, finding the papers lacked sufficient evidence and disclosure about other interested parties.

• Customary Marriage Registration
• Condonation Of Late Registration
• Lobola Payment Evidence
• Service Of Process
• Customary-marriage-registration
• Condonation

Gama v Mchunu and Others (10/37362)

Gama v Mchunu and Others (10/37362) [2015] ZAGPJHC 273 (22 November 2015)

Court

South Gauteng High Court, Johannesburg

Case number

10/37362

Judge

Moshidi

The court found that the applicant and the deceased entered into a valid customary marriage on 8 June 2000, satisfying all requirements under section 3(1) of the Recognition of Customary Marriages Act. The evidence, including affidavits and documentary proof, established that both families participated in lobolo negotiations and that the first respondent consented to the marriage. The failure to register the marriage timeously was not fatal, as section 4(9) of the Act provides that non-registration does not affect validity. The court distinguished the present facts from M M v M N, noting that…

Source excerpt

• Recognition Of Customary Marriages Act
• Registration Of Customary Marriage
• Condonation Of Late Registration
• Matrimonial Property Regime
• Lobolo Negotiations