Baroka Ba Nkwana Royal Family and Others v Premier, Limpopo N.O and Others (6634/2024) [2025] ZALMPPHC 113 (10 June 2025)
Court
Limpopo High Court, Polokwane
Case number
6634/2024
Judge
M.I. Mangena
The High Court dismissed an urgent bid to suspend recognition of a senior traditional leader, finding no basis for interim interdict relief pending review.
G.D v Minister of Home Affairs and Others (2252/2024) [2025] ZAECQBHC 1 (4 February 2025)
Court
Eastern Cape High Court, Gqeberha
Case number
2252/2024
Judge
O H Ronaasen
The court found that section 7(7)(c) of the Divorce Act irrationally differentiates between spouses in post-1984 marriages out of community of property without accrual and all other spouses, by excluding pension interests from redistribution. This differentiation is no longer rationally connected to any legitimate government purpose following the Constitutional Court's decision in KG, which extended the redistribution remedy to all such marriages. The exclusion disproportionately prejudices women, who are more likely to be economically disadvantaged and have smaller or no pension interests, a…
Seloana v Government Administration Agency and Others (7633/21) [2024] ZALMPPHC 21 (11 March 2024)
Court
Limpopo High Court, Polokwane
Case number
7633/21
Judge
Makoti
The High Court dismissed a constitutional challenge to GEPF rule 14.6.2 on spousal pensions in polygamous customary marriages, finding no unfair discrimination.
Simakuhle v Simakuhle and Another (003632/2024) [2024] ZAGPPHC 33 (19 January 2024)
Court
North Gauteng High Court, Pretoria
Case number
003632/2024
Judge
Phooko
The court found that the applicant failed to establish the requirements for a final interdict, as he did not demonstrate a clear right or irreparable harm. The applicant's reliance on Xhosa tradition and the subordination of women in burial decisions was rejected as unconstitutional and contrary to the principle of equality enshrined in the Constitution. The court affirmed that the deceased's wife, as both a customary and civil law spouse, holds the burial rights and may decide where her late husband is buried. The principle of primogeniture and gender-based discrimination in burial matters n…
Mothobi v Mothobi and Others (5662/2021) [2021] ZAFSHC 334 (21 December 2021)
Court
Free State High Court, Bloemfontein
Case number
5662/2021
Judge
Molitsoane
Urgent application dismissed where a mother sought to stop her son’s funeral and claim burial arrangements; the court preferred fairness and the rights of the deceased’s daughters.
Sithole and Another v Sithole and Another (CCT 23/20) [2021] ZACC 7; 2021 (6) BCLR 597 (CC); 2021 (5) SA 34 (CC) (14 April 2021)
Court
Constitutional Court
Case number
CCT 23/20
Judges
Mogoeng, Jafta, Khampepe, Madlanga, Majiedt, Mathopo, Mhlantla, Theron, Tshiqi, Victor
The Constitutional Court confirmed that section 21(2)(a) of the Matrimonial Property Act is unconstitutional to the extent it preserves apartheid-era discrimination against Black couples married out of community of property.
Sengadi v Tsambo; In Re: Tsambo (40344/2018) [2018] ZAGPJHC 666; [2019] 1 All SA 569 (GJ) (8 November 2018)
Court
South Gauteng High Court, Johannesburg
Case number
40344/2018
Judge
Mokgoathleng
The High Court held that handing over the bride is not an indispensable requirement for a valid customary marriage if section 3(1) of the Recognition Act is met.
Sengadi v Tsambo (40344/2018) [2018] ZAGPJHC 613; 2019 (4) SA 50 (GJ) (3 November 2018)
Court
South Gauteng High Court, Johannesburg
Case number
40344/2018
Judge
Mokgoathleng
The court found that the applicant and the deceased had complied with the requirements of section 3(1) of the Recognition of Customary Marriages Act, having negotiated and celebrated their marriage in accordance with living customary law. The insistence on the physical handing over of the bride as an indispensable prerequisite was rejected as inconsistent with constitutional values of equality and dignity. The court held that the custom of handing over the bride is not a lawful requirement for the existence of a customary law marriage where the statutory requirements have been met. The applic…
Ramuhovhi and Others v President of the Republic of South Africa and Others (CCT194/16) [2017] ZACC 41; 2018 (2) BCLR 217 (CC); 2018 (2) SA 1 (CC) (30 November 2017)
Section 7(1) of the Recognition of Customary Marriages Act 120 of 1998, as applied to pre-Act polygamous customary marriages, is unconstitutional because it perpetuates unfair discrimination against women on the grounds of gender and marital status, denying them ownership and control over marital property and violating their rights to equality and dignity. The Court confirmed the High Court's declaration of invalidity, suspended the order for 24 months to allow Parliament to remedy the defect, and provided interim relief granting wives and husbands joint and equal ownership and management rig…
Mphephu and Another v Mphephu-Ramabulana and Others (773/2012) [2017] ZALMPTHC 1 (30 January 2017)
Court
Limpopo High Court, Thohoyandou
Case number
773/2012
Judge
E M Makgoba
The Court found that the applicants failed to comply with the mandatory dispute resolution procedures under the Traditional Leadership and Governance Framework Act, specifically by not exhausting internal remedies, not lodging a claim with the Commission, and not providing evidence to the President. The Commission could not investigate a claim that was never properly lodged, and the President acted lawfully in recognising the First Respondent as King in the absence of any evidence or allegations of irregularity. The Court lacks jurisdiction to review the matter as the statutory processes were…
