South Africa Case Law

Mgenge v Mokoena and Another (4888/2020)

Mgenge v Mokoena and Another (4888/2020) [2023] ZAGPJHC 222; [2023] 2 All SA 513 (GJ) (14 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

4888/2020

Judge

G Rome

The court found that the applicant failed to provide credible evidence to rebut the prima facie proof of marriage established by the marriage certificate. The evidence demonstrated that both families met, negotiated, and concluded a lobola agreement, and performed customary rituals at the bride's family home. The applicant's version that the events were merely introductory discussions was contradicted by the undisputed facts, including her knowledge of the family delegation's visit and the part payment of lobola. Expert testimony established that the applicable custom was that of the bride's…

Source excerpt

• Customary Marriage Requirements
• Recognition Of Customary Marriages Act
• Marriage Certificate Evidence
• Lobola Agreement
• Integration Of Bride
• Burden Of Proof

Tsambo v Sengadi (244/19)

Tsambo v Sengadi (244/19) [2020] ZASCA 46 (30 April 2020)

Court

Supreme Court of Appeal

Case number

244/19

Judges

Maya, Mbha, Zondi, Molemela, Mojapelo

The Supreme Court of Appeal held that a valid customary marriage was concluded between the respondent and the deceased on 28 February 2016. The court found that the requirements of s 3(1) of the Recognition of Customary Marriages Act were met, including negotiation, celebration, and consent. The court rejected the appellant's argument that the physical handing over of the bride was a strict requirement, noting that customary law is dynamic and rituals may be waived or symbolically performed. The evidence showed that the respondent was accepted as the deceased's wife by his family, and subsequ…

Source excerpt

• Recognition Of Customary Marriages Act
• Customary Marriage Requirements
• Handing Over Of Bride
• Living Customary Law
• Waiver Of Customs

K v Road Accident Fund (3996/2013)

K v Road Accident Fund (3996/2013) [2016] ZAFSHC 181 (27 October 2016)

Court

Free State High Court, Bloemfontein

Case number

3996/2013

Judge

N. Gela

The High Court held that the deceased owed the plaintiff a legal duty of support in a permanent life partnership, awarding damages under the Road Accident Fund Act.

• Duty Of Support
• Customary Marriage Requirements
• Dependants Action
• Loss Of Maintenance
• Permanent Heterosexual Relationships
• Road-accident-fund

Ntoagae v Makabanyane and Another (M420/2015)

Ntoagae v Makabanyane and Another (M420/2015) [2015] ZANWHC 78 (12 November 2015)

Court

North West High Court, Mafikeng

Case number

M420/2015

Judge

DJAJE

The court held that no valid customary marriage was proved because the bride had not been formally handed over, so the applicant had no right to bury the deceased.

• Customary Marriage Requirements
• Right To Bury
• Handing Over Of Bride
• Burial Arrangements
• Customary-marriage
• Burial-rights

Sithole v Gumede and Another (5639/2014)

Sithole v Gumede and Another (5639/2014) [2015] ZAKZPHC 20 (14 April 2015)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5639/2014

Judge

Ntshangase

The court granted eviction relief, finding no valid customary marriage or proven co-ownership and holding that the respondent occupied the property unlawfully.

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Customary Marriage Requirements
• Eviction Procedure
• Eviction
• Unlawful-occupation

Nthejane and Another v Road Accident Fund (3183/2010)

Nthejane and Another v Road Accident Fund (3183/2010) [2011] ZAFSHC 196 (1 December 2011)

Court

Free State High Court, Bloemfontein

Case number

3183/2010

Judge

S Naidoo

The court held that a customary marriage was valid despite unpaid lobolo, because the families agreed on lobolo, celebrated the union, and the bride was handed over.

• Recognition Of Customary Marriages Act
• Customary Marriage Requirements
• Lobolo Arrangements
• Proof Of Marriage
• Damages Claim
• Customary-marriage