Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Nduli v Minister of Home Affairs and Others (1789/21P) [2023] ZAKZPHC 24 (3 March 2023)
The High Court declared the applicant’s customary marriage valid, holding that full lobolo payment and formal bride handover were not essential on these facts.
Seleme v Department of Home Affairs and Others (2020/28304) [2022] ZAGPJHC 902 (18 November 2022)
The High Court dismissed an application to register a customary marriage, finding the applicant had not proved the marriage was negotiated and celebrated in accordance with customary law.
Mbungela and Another v Mkabi and Others (820/2018) [2019] ZASCA 134; 2020 (1) SA 41 (SCA); [2020] 1 All SA 42 (SCA) (30 September 2019)
The Supreme Court of Appeal held that the absence of the ceremony of handing over the bride did not invalidate the customary marriage between Mr Mkabi and the deceased. The court found that the essential requirements for a valid customary marriage under s 3(1)(b) of the Recognition of Customary Marriages Act were met: lobola negotiations occurred, a substantial portion of lobola and a live cow were paid, and gifts were exchanged between the families. The conduct of both families, including mutual attendance at funerals and the couple's church wedding, indicated recognition of the marital rela…
Source excerpt
Mkabe v Minister of Home Affairs and Others (2014/84704) [2016] ZAGPPHC 460 (9 June 2016)
The court held that the plaintiff proved a valid customary marriage entered into on 2 April 2010 and ordered registration and a recognition certificate.
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…
Source excerpt
Maluleke (in her capacity as representative of the estate of the late Dumakude Patrick Mtshali) and Others v Minister of Home Affairs and Another (02/24921) [2008] ZAGPHC 129 (9 April 2008)
The High Court held that a customary marriage was valid despite no imvume ceremony, because lobola was paid and both families accepted the union.
Explore more
