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Sengadi v Tsambo; In Re: Tsambo (40344/2018) [2018] ZAGPJHC 666; [2019] 1 All SA 569 (GJ) (8 November 2018)
The High Court held that handing over the bride is not an indispensable requirement for a valid customary marriage if section 3(1) of the Recognition Act is met.
Sengadi v Tsambo (40344/2018) [2018] ZAGPJHC 613; 2019 (4) SA 50 (GJ) (3 November 2018)
The court found that the applicant and the deceased had complied with the requirements of section 3(1) of the Recognition of Customary Marriages Act, having negotiated and celebrated their marriage in accordance with living customary law. The insistence on the physical handing over of the bride as an indispensable prerequisite was rejected as inconsistent with constitutional values of equality and dignity. The court held that the custom of handing over the bride is not a lawful requirement for the existence of a customary law marriage where the statutory requirements have been met. The applic…
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