South Africa Case Law

N.N and Others v B.N and Others (3932/2024)

N.N and Others v B.N and Others (3932/2024) [2025] ZAECMHC 46 (5 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

3932/2024

Judge

Mhambi

The court found that the first applicant and the deceased concluded a valid customary marriage in 1978, supported by evidence of lobola and customary ceremonies. The marriage was never dissolved by a court decree, as required by section 8(1) of the Recognition of Customary Marriages Act. Separation, desertion, or unilateral repudiation does not constitute dissolution of a customary marriage under South African law. The civil marriage between the deceased and the first respondent was contracted during the subsistence of the customary marriage and is therefore null and void ab initio. The court…

Source excerpt

• Customary Marriage Dissolution
• Recognition Of Customary Marriages Act
• Civil Marriage Nullity
• Registration Of Customary Marriage
• Irretrievable Breakdown
• Spousal Consent

Lebese v Lebese and Others (HCAA14/18)

Lebese v Lebese and Others (HCAA14/18) [2019] ZALMPPHC 54 (29 October 2019)

Court

Limpopo High Court, Polokwane

Case number

HCAA14/18

Judges

MG Phatudi, KGanyago, Madavha

The appeal succeeded. The High Court set aside the court a quo’s order and declared the later civil marriage null and void, with the marriage record expunged.

• Validity Of Civil Marriage
• Customary Marriage Dissolution
• Onus Of Proof
• Irregular Court Procedure
• Civil-marriage
• Family-law

C.M.M v E.B and Others (29212/2012)

C.M.M v E.B and Others (29212/2012) [2014] ZAGPPHC 545 (11 July 2014)

Court

North Gauteng High Court, Pretoria

Case number

29212/2012

Judge

Mavundla

High Court judgment on a disputed customary marriage and later civil marriage, holding that the customary marriage had been dissolved before the civil marriage and dismissing the application.

• Customary Marriage Dissolution
• Validity Of Civil Marriage
• Recognition Of Customary Marriages Act
• Pension Fund Beneficiary
• Estate Administration
• Customary-marriage-dissolution