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G.M. v N.T. and Another (123653/2024) [2025] ZAGPJHC 769 (29 July 2025)
The High Court referred a dispute over the validity and possible dissolution of an alleged customary marriage to trial because the papers were insufficient to decide the issues.
Manse v Forensic Department of Health Germiston and Another (23299/19) [2019] ZAGPJHC 367 (4 July 2019)
The court found that the requirements of section 3(1)(b) of the Recognition of Customary Marriages Act were satisfied. Both families negotiated and agreed on lobolo, which was paid in full, and gave permission for the applicant and deceased to live together as husband and wife. The refusal of the deceased's mother to participate in the negotiations or acknowledge the applicant as makoti did not invalidate the marriage, as section 3(1)(b) allows for marriage to be negotiated and entered into without celebration or formal handing over, depending on the circumstances. The court held that the sec…
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