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South Africa Case Law

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Family And Children [2022] ZAMPMBHC 80

Malope v Minister of Home Affairs and Others (2358/2021)

Malope v Minister of Home Affairs and Others (2358/2021) [2022] ZAMPMBHC 80 (21 October 2022)

Court
Mbombela High Court, Mpumalanga
Case number
2358/2021
Judge
Ratshibvumo

The court found that the Plaintiff and the deceased entered into a valid customary marriage on 4 November 2007, as lobola was negotiated and partially paid, and the Plaintiff was handed over to the deceased's family. The subsequent cohabitation and recognition by both families supported the existence of the marriage. The court held that the lack of registration did not affect validity, and that customary law requirements are flexible and may be waived by conduct. The marriage was not lawfully dissolved, as no court decree of divorce was obtained. The Plaintiff's subsequent relationship and se…

Source excerpt

  • Recognition Of Customary Marriage
  • Lobola Payment
  • Dissolution Of Customary Marriage
  • Registration Of Customary Marriage
  • Hearsay Evidence
  • Succession And Wills
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Family And Children [2012] ZAGPJHC 146

Southon v Moropane (14295/10)

Southon v Moropane (14295/10) [2012] ZAGPJHC 146 (18 July 2012)

Court
South Gauteng High Court, Johannesburg
Case number
14295/10
Judge
Saldulker

The court found that all essential requirements for a valid customary marriage under section 3(1) of the Recognition of Customary Marriages Act were fulfilled: both parties consented to marry, lobola was negotiated and paid (R6000), a messenger was appointed, a sheep was slaughtered, and the plaintiff was handed over to the defendant's family. The absence of certain traditional rituals, such as the slaughtering of a cow or giving lehlakore to the chief, did not invalidate the marriage, as customary law is flexible and adapts to contemporary urban settings. The defendant's conduct after the ev…

Source excerpt

  • Recognition Of Customary Marriages Act
  • Validity Of Customary Marriage
  • Lobola Negotiation
  • Handing Over Of Bride
  • Dissolution Of Customary Marriage
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Family And Children [2008] ZAGPHC 434

Maloba v Dube and Others (08/3077)

Maloba v Dube and Others (08/3077) [2008] ZAGPHC 434 (23 June 2008)

Court
High Courts - Gauteng
Case number
08/3077
Judge
Mokgoatlheng

The court found that the objective facts demonstrated that a valid customary marriage was negotiated and entered into between the first respondent and the late Collins Bafana Msimango, as lobolo was agreed upon and paid, and a traditional ceremony was held. The withdrawal of consent by family members or by proxy is not legally effective; only personal withdrawal by the prospective spouse is valid, and even then, after the marriage has been celebrated, such withdrawal does not dissolve the marriage. The non-payment of the full lobolo is not decisive, as the undertaking to pay is sufficient und…

Source excerpt

  • Customary Marriage
  • Recognition Of Customary Marriages Act
  • Lobolo Payment
  • Marriage Registration
  • Dissolution Of Customary Marriage
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.