South Africa Case Law

N.R.M v F.N and Others (943/2023)

N.R.M v F.N and Others (943/2023) [2025] ZAMPMBHC 53 (17 June 2025)

Court

Mbombela High Court, Mpumalanga

Case number

943/2023

Judge

TV Ratshibvumo

The court found that the applicant's marriage to the deceased was a valid customary marriage, as all requirements under the Recognition of Customary Marriages Act were met. The deceased did not obtain a divorce from the applicant, nor did the applicant consent to his subsequent marriage to the first respondent. The Constitutional Court in Mayelane v Ngwenyama established that the first wife's consent is a constitutional requirement for the validity of a subsequent customary marriage. The first respondent's marriage was therefore invalid, regardless of funeral practices or cohabitation. The co…

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• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Consent Requirement
• Marriage Registration
• Dissolution Of Marriage

Sarah v Mohononi and Others (22258/2015)

Sarah v Mohononi and Others (22258/2015) [2022] ZAGPPHC 747 (4 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

22258/2015

Judge

Phooko

The court found that a valid customary marriage existed between the Applicant and the First Respondent, as evidenced by the letter from the headman, lobolo payment, and lack of dispute from the Respondents. The subsequent civil marriage between the First and Second Respondent was entered into during the subsistence of the customary marriage and without the Applicant's knowledge or consent. The Recognition of Customary Marriages Act prohibits a spouse in a customary marriage from entering into a civil marriage while the customary marriage subsists, and only a court may dissolve a customary mar…

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• Customary Marriage
• Recognition Of Customary Marriages Act
• Civil Marriage Nullity
• Registration Of Customary Marriage
• Marital Status
• Dissolution Of Marriage

Ledwaba v Monyepao and Others (HCAA06-2017)

Ledwaba v Monyepao and Others (HCAA06-2017) [2018] ZALMPPHC 61 (25 April 2018)

Court

Limpopo High Court, Polokwane

Case number

HCAA06-2017

Judges

EM Makgoba, MG Phatudi, D Nair

The court held that the appellant's civil marriage to Mr K was a nullity and did not dissolve her customary marriage to the deceased. The application of section 9(1) of the Divorce Act by the court a quo was incorrect, as there were no divorce proceedings between the parties. Both customary marriages entered into by the deceased were valid, as non-compliance with section 7(6) of the Recognition of Customary Marriages Act affects only proprietary consequences, not validity. The appointment of both appellant and first respondent as co-executrixes resolves any issues regarding the administration…

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• Customary Marriage
• Recognition Of Customary Marriages Act
• Forfeiture Of Patrimonial Benefits
• Intestate Succession
• Dissolution Of Marriage

B.M v B.V.N and Another (2612/2015)

B.M v B.V.N and Another (2612/2015) [2016] ZAECMHC 9 (29 March 2016)

Court

Eastern Cape High Court, Mthatha

Case number

2612/2015

Judge

S M Mbenenge

The High Court held that a customary marriage under the Act can only end by divorce. The applicant was declared the deceased’s sole surviving spouse.

• Customary Marriage
• Dissolution Of Marriage
• Recognition Of Spouses
• Declaratory Relief
• Customary-marriage
• Dissolution-of-marriage

Mbaba v Mbaba and Others (474/2012)

Mbaba v Mbaba and Others (474/2012) [2013] ZASCA 137 (27 September 2013)

Court

Supreme Court of Appeal

Case number

474/2012

Judges

Maya, Leach, Theron, Petse, Saldulker

The Supreme Court of Appeal dismissed an appeal seeking to preserve a deceased estate and challenge a customary marriage, finding the application was badly framed and unsupported.

• Customary Marriage
• Interdict
• Estate Preservation
• Recognition Of Customary Marriages Act
• Dissolution Of Marriage
• Customary-marriage