South Africa Case Law

Malatjie v Sekgobela and Others (053314/2022)

Malatjie v Sekgobela and Others (053314/2022) [2025] ZAGPPHC 4 (7 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

053314/2022

Judge

N Janse Van Nieuwenhuizen

The court found that the applicant did not dispute the age and consent requirements for a valid customary marriage between the first respondent and the deceased. The central issue was whether the marriage was entered into or celebrated in accordance with customary law. Applying the test for factual disputes in motion proceedings, the court accepted the first respondent's version, supported by documentary evidence and details of the marriage celebration. The applicant failed to provide sufficient evidence to rebut the existence of a valid customary marriage. Consequently, the civil marriage be…

Source excerpt

• Recognition Of Customary Marriage
• Validity Of Marriage
• Lobola Agreement
• Customary Law Requirements

Kgalema v Department of Home Affairs and Others (6035/22)

Kgalema v Department of Home Affairs and Others (6035/22) [2024] ZAGPPHC 1069; [2025] 1 All SA 234 (GP) (24 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

6035/22

Judge

S J R Mogagabe

The court held that a valid customary marriage existed and ordered late registration and issuance of a marriage certificate, rejecting a procedural objection.

• Recognition Of Customary Marriages Act
• Late Registration Of Customary Marriage
• Customary Law Requirements
• Condonation
• Access To Court
• Customary-marriage

M.C.M v B.P.M (2998/2020)

M.C.M v B.P.M (2998/2020) [2024] ZAFSHC 162 (23 May 2024)

Court

Free State High Court, Bloemfontein

Case number

2998/2020

Judge

Hefer AJ

The court found that the requirements of section 3(1) of the Recognition of Customary Marriages Act were met: both parties were over 18, consented to marry, and the marriage was negotiated and celebrated according to customary law. The reference to holy matrimony in the lobola agreement was a family wish, not a legal requirement, and was in any event waived by the conduct of the parties and families. The court accepted the evidence that a traditional celebration occurred, the plaintiff was presented to the defendant's family, and both families recognized the marriage. The defendant failed to…

Source excerpt

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Lobola Agreement
• Customary Law Requirements

M.C.M v B.P.M (2998/2020)

M.C.M v B.P.M (2998/2020) [2023] ZAFSHC 451 (15 November 2023)

Court

Free State High Court, Bloemfontein

Case number

2998/2020

Judge

M E Mahlangu

The High Court declared the parties’ customary marriage valid, holding that lobola and the surrounding ceremony satisfied section 3 of the Act.

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Lobola Payment
• Customary Law Requirements
• Customary-marriage
• Lobola

Miya v Mnqayane and Another (3342/2018)

Miya v Mnqayane and Another (3342/2018) [2020] ZAFSHC 17 (3 February 2020)

Court

Free State High Court, Bloemfontein

Case number

3342/2018

Judge

Naidoo

The court found that the applicant and first respondent lived together as husband and wife for approximately 17 years, and that lobola was negotiated and paid in full with the consent of both families. The evidence established that the applicant was accompanied and handed over to the first respondent's family, albeit in an abbreviated ceremony, and received a new name in accordance with custom. The court held that the requirements of section 3(1)(b) of the Recognition of Customary Marriages Act were satisfied, and that the absence of elaborate rituals or the full observance of traditional cus…

Source excerpt

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Lobola Negotiation
• Handing Over Of Bride
• Customary Law Requirements

Mmutle v Thinda and Another (20949/2007)

Mmutle v Thinda and Another (20949/2007) [2008] ZAGPHC 352 (23 July 2008)

Court

High Courts - Gauteng

Case number

20949/07

Judge

Vilakazi

The court held that a customary marriage was valid despite partial Lobola payment and no formal handing over, dismissing the application to nullify the marriage.

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Lobola Payment
• Handing Over Of Bride
• Customary Law Requirements
• Customary-marriage