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South Africa Case Law

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Family And Children [2024] ZAFSHC 92

B.C.G v S.J.M (3818/2022)

B.C.G v S.J.M (3818/2022) [2024] ZAFSHC 92 (22 March 2024)

The High Court found a valid customary marriage after lobolo negotiations, payment, and handing over, and dismissed the defendant’s special plea with costs.

  • Customary Marriage
  • Recognition Of Customary Marriages Act
  • Lobolo Negotiation
  • Validity Of Marriage
  • Handing Over Ceremony
  • Customary-marriage
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Family And Children [2019] ZAGPPHC 396

F.C v B.M and Another (2018/59387)

F.C v B.M and Another (2018/59387) [2019] ZAGPPHC 396 (16 August 2019)

The High Court declared a customary marriage valid, despite no formal handing-over ceremony, and ordered late registration and issuance of a marriage certificate.

  • Recognition Of Customary Marriage
  • Lobola Negotiation
  • Registration Of Customary Marriage
  • Handing Over Ceremony
  • Costs Award
  • Recognition-of-customary-marriage
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Family And Children [2019] ZAGPPHC 338

Meage v Road Accident Fund (1809/16)

Meage v Road Accident Fund (1809/16) [2019] ZAGPPHC 338 (26 July 2019)

The High Court held that Naledi Claudia Meage failed to prove a valid customary marriage with the deceased, and dismissed her claim with costs.

  • Recognition Of Customary Marriages Act
  • Validity Of Customary Marriage
  • Burden Of Proof
  • Handing Over Ceremony
  • Lobola Contract
  • Civil Procedure Costs
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Family And Children [2019] ZALMPPHC 25

Baloyi v Mabunda and Others (1867/2016)

Baloyi v Mabunda and Others (1867/2016) [2019] ZALMPPHC 25 (23 May 2019)

The court dismissed a claim to register a customary marriage, finding the alleged marriage to the deceased was not proved under Shangaan custom.

  • Recognition Of Customary Marriage Act
  • Validity Of Customary Marriage
  • Lobola Requirements
  • Handing Over Ceremony
  • Customary-marriage
  • Lobola
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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.