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Thulare v Thulare and Others (470/2023) [2025] ZASCA 100 (7 July 2025)
The Supreme Court of Appeal upheld an appeal over who may identify an acting Bapedi monarch, holding that custom had to be proved by evidence and remitting the matter for oral evidence.
Diba v Miselo and Another (5768/2021) [2021] ZAWCHC 234 (18 November 2021)
The court found that the requirements for a valid customary marriage under section 3(1) of the Recognition of Customary Marriages Act were satisfied. Both the deceased and the first respondent were above the age of eighteen and consented to the marriage. The marriage was negotiated, entered into, and celebrated in accordance with customary law, as evidenced by the lobola negotiations, payment, delivery of the bride, and subsequent cohabitation. The absence of the deceased's nucleus family did not invalidate the marriage, as the concept of family in customary law is flexible and not fixed. The…
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