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South Africa decisions
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Njwaxu v Minister of Home Affairs and Others (23272/24) [2025] ZAWCHC 319 (29 July 2025)
The court remitted an alleged customary marriage registration to Home Affairs for enquiry, after finding the department had not conducted the required investigation.
Maphatsoe and Others v Erasmus and Others (2021/18447) [2023] ZAGPJHC 214 (9 March 2023)
The application was dismissed because the applicants failed to establish objectively verifiable facts indicating that the respondents possessed the deceased's will, and they should have foreseen disputes of fact that rendered application proceedings inappropriate. The joinder of the respondents' attorneys was a misjoinder, as they had no legal interest in the matter. The relief sought against the Master was not supported by sufficient evidence, and the arrangement with the Master was already in place. The counter-application by the third respondent was dismissed due to the non-joinder of the…
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Modisane v Modikwe and Others (8166/2022) [2023] ZAGPJHC 1 (1 January 2023)
The court declared a later civil marriage invalid because it was entered into while a customary marriage with the applicant subsisted, and ordered registration of the customary marriage.
Nefale v Nkosi and Others (2021/41524) [2022] ZAGPJHC 997 (7 December 2022)
The court postponed a review application challenging the alleged registration of a customary union, finding the administrative record and certificate were missing.
Thusheni v Minister of Home Affairs and Others (2021/36333) [2022] ZAGPJHC 522 (4 August 2022)
Leave to appeal was refused in a customary-marriage registration dispute because the papers raised foreseeable factual disputes unsuitable for resolution on affidavit.
Thusheni v Minister of Home Affairs and Others (2021/36333) [2022] ZAGPJHC 343 (23 May 2022)
The court found that there were fundamental disputes of fact regarding whether a customary marriage was concluded between the applicant and the deceased. The evidence presented by the applicant was insufficient and contested by the sixth respondent, who denied the existence of marriage celebrations and cohabitation. The court emphasized that spousal consent is central to the validity of a customary marriage, but the facts could not be resolved on the papers. Given the irreconcilable disputes and the lack of clear evidence, the application for late registration of the customary marriage was di…
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Mahlangu v Ntuli and Others (23571/2020) [2021] ZAGPPHC 584 (7 September 2021)
The court found that the applicant failed to establish the existence of a valid customary marriage with the first respondent, as her evidence was insufficient and lacked necessary detail. The third respondent's version was supported by documentary and factual evidence, including dates, events, and identities of role players. The absence of the first respondent's version and the delay in bringing the application undermined the applicant's case. The court held that the application was brought in bad faith, likely as a result of collusion between the applicant and the first respondent to avoid p…
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Mgenge v Mokoena and Another (4888/2020) [2021] ZAGPJHC 58 (21 April 2021)
The court did not decide whether a customary marriage existed, and instead referred the dispute to oral evidence because the affidavit record was insufficiently clear.
Mzalisi NO and Others v E O and Another (630/2018) [2019] ZASCA 138; 2020 (3) SA 83 (SCA) (1 October 2019)
The Supreme Court of Appeal held that paragraph 2.1(b)(iii)(dd) of Circular No. 4 of 2016, as applied by the Department of Home Affairs, unlawfully barred asylum seekers from marrying or registering customary marriages, infringing their constitutional rights to dignity and equality. The circular was treated as binding by officials and thus susceptible to judicial review. The impugned paragraph was vague, contradictory, and inconsistent with both the Constitution and South Africa's international obligations. The structural interdict granted by the high court was set aside due to lack of factua…
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Ratabane v Department of Home Affairs and Another (2017/48021) [2018] ZAGPJHC 5 (29 January 2018)
The court postponed an unopposed application to register a customary marriage, finding the papers lacked sufficient evidence and disclosure about other interested parties.
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