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South Africa Case Law

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Family And Children [2023] ZALMPTHC 2

M.M v R.A.N (A07/2022)

M.M v R.A.N (A07/2022) [2023] ZALMPTHC 2 (3 March 2023)

The High Court upheld a finding that the parties had concluded a valid customary marriage, relying on long cohabitation, consent, lobola payment, and handing over.

  • Customary Marriage
  • Consent To Marriage
  • Lobola Payment
  • Recognition Of Customary Marriages Act
  • Division Of Joint Estate
  • Customary-marriage
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Family And Children [2019] ZAWCHC 164

M.C.B v T.N.M (A196/2019)

M.C.B v T.N.M (A196/2019) [2019] ZAWCHC 164 (20 November 2019)

The High Court dismissed an appeal over whether a valid isiXhosa customary marriage existed, finding the parties consented and the marriage was properly celebrated.

  • Recognition Of Customary Marriages Act
  • Validity Of Customary Marriage
  • Community Of Property
  • Isixhosa Customs
  • Consent To Marriage
  • Customary-marriage
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Family And Children [2016] ZAGPJHC 163

N v D (2011/3726)

N v D (2011/3726) [2016] ZAGPJHC 163 (15 June 2016)

The High Court dismissed a divorce claim after finding the defendant did not consent to a customary marriage arising from lobola negotiations.

  • Customary Marriage
  • Consent To Marriage
  • Recognition Of Customary Marriages Act
  • Civil Vs Customary Marriage
  • Customary-marriage
  • Consent-to-marriage
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Family And Children [2016] ZAGPPHC 618

Sebona v Mashiloane (A79/16)

Sebona v Mashiloane (A79/16) [2016] ZAGPPHC 618 (8 June 2016)

The court found that the evidence overwhelmingly established the existence of a valid customary marriage between the parties. Lobolo negotiations and agreement were reached, partial payment was made, and the respondent was formally delivered to the appellant's family and received as a bride. The requirements of section 3(1) of the Recognition of Customary Marriages Act 120 of 1998 were satisfied, including consent and celebration in accordance with custom. The court rejected the appellant's argument that the absence of a civil ceremony or a more elaborate handing over invalidated the marriage…

  • Recognition Of Customary Marriage
  • Lobolo Negotiation
  • Handing Over Of Bride
  • Consent To Marriage
  • Customary Law Evolution
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.