South Africa Case Law

B.C.B v M.J.S (3018/2024)

B.C.B v M.J.S (3018/2024) [2025] ZALMPPHC 150 (6 August 2025)

Court

Limpopo High Court, Polokwane

Case number

3018/2024

Judge

Makoti

The court found that the requirements for a valid customary marriage under the Recognition of Customary Marriages Act were satisfied. Both parties were of age and consented to the marriage. The marriage was negotiated and partially celebrated in accordance with custom, evidenced by the lobola payment, exchange of gifts, and the subsequent church blessing with the exchange of wedding bands. The court held that the absence of a formal handing over of the bride did not invalidate the marriage, as the families' acceptance and the recognition of the plaintiff as makoti fulfilled the customary requ…

Source excerpt

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Lobola Negotiation
• Handing Over Of Bride

Kunene v Bangaza and Others (1808/2023)

Kunene v Bangaza and Others (1808/2023) [2023] ZAECMHC 33 (4 July 2023)

Court

Eastern Cape High Court, Mthatha

Case number

1808/2023

Judge

Notyesi

The court found that the requirements of section 3(1) of the Recognition of Customary Marriages Act were satisfied: both parties were above 18 years, consented to the marriage, lobola negotiations were conducted and paid, and the marriage was celebrated with an utsiki ceremony. The absence of a formal handing over of the bride does not invalidate the marriage, as customary law is a living law and does not require inflexible adherence to rituals. The representatives for lobola negotiations need not be family members if they act on behalf of the groom. Allegations of the deceased's mental incap…

Source excerpt

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Lobola Negotiations
• Handing Over Of Bride
• Burial Rights

Godlo v Minister of Home Affairs and Others

Godlo v Minister of Home Affairs and Others [2023] ZAGPJHC 799 (28 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/48282

Judge

Mazibuko

The High Court declared a customary marriage valid and ordered posthumous registration, finding the evidence of lobola negotiations and bride handover credible.

• Recognition Of Customary Marriage
• Registration Of Customary Marriage
• Lobola Negotiations
• Handing Over Of Bride
• Validity Of Unregistered Customary Marriage
• Customary-marriage

Nduli v Minister of Home Affairs and Others (1789/21P)

Nduli v Minister of Home Affairs and Others (1789/21P) [2023] ZAKZPHC 24 (3 March 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

1789/21P

Judge

E Bezuidenhout

The High Court declared the applicant’s customary marriage valid, holding that full lobolo payment and formal bride handover were not essential on these facts.

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Lobolo Payment
• Handing Over Of Bride
• Customary Law Evolution
• Customary-marriage

Khambule v Mazibuko and Another (4631/2020)

Khambule v Mazibuko and Another (4631/2020) [2022] ZAFSHC 152 (9 June 2022)

Court

Free State High Court, Bloemfontein

Case number

4631/2020

Judge

N. M. Mbhele

The High Court held that lobola negotiations did occur, but no valid customary marriage was concluded because there was no bride transfer, celebration, or equivalent ritual.

• Customary Marriage
• Recognition Of Customary Marriages Act
• Lobola Negotiations
• Handing Over Of Bride
• Marriage Celebration
• Customary-marriage

Kgori v Nkoana and Others (6480/19)

Kgori v Nkoana and Others (6480/19) [2020] ZAGPPHC 658 (11 November 2020)

Court

North Gauteng High Court, Pretoria

Case number

6480/19

Judge

Lukhaimane

The court dismissed an application to declare a Sepedi customary marriage valid, finding lobolo negotiations alone did not prove a completed customary marriage.

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Sepedi Customs
• Handing Over Of Bride
• Lobolo Payment
• Customary-marriage

Mnqayane v Miya and Another (3342/2018)

Mnqayane v Miya and Another (3342/2018) [2020] ZAFSHC 147 (2 July 2020)

Court

Free State High Court, Bloemfontein

Case number

3342/2018

Judge

Naidoo

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The evidence and credibility of the respondent and her witnesses were preferred over those of the applicant. The customs relating to the handing over of the bride were sufficiently observed, and the Supreme Court of Appeal's decision in Mbungela and Another v Mkabi and Others is binding and directly applicable. The applicant did not establish any compelling reason for the appeal to be heard under section 17(1)(a)(ii) of the Superior Courts Act. Consequently, the application for leave to appeal…

Source excerpt

• Customary Marriage
• Leave To Appeal Test
• Handing Over Of Bride
• Superior Courts Act Section 17

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

Miya v Mnqayane and Another (3342/2018)

Miya v Mnqayane and Another (3342/2018) [2020] ZAFSHC 17 (3 February 2020)

Court

Free State High Court, Bloemfontein

Case number

3342/2018

Judge

Naidoo

The court found that the applicant and first respondent lived together as husband and wife for approximately 17 years, and that lobola was negotiated and paid in full with the consent of both families. The evidence established that the applicant was accompanied and handed over to the first respondent's family, albeit in an abbreviated ceremony, and received a new name in accordance with custom. The court held that the requirements of section 3(1)(b) of the Recognition of Customary Marriages Act were satisfied, and that the absence of elaborate rituals or the full observance of traditional cus…

Source excerpt

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Lobola Negotiation
• Handing Over Of Bride
• Customary Law Requirements

D.R.M v D.M.K (2017/2016)

D.R.M v D.M.K (2017/2016) [2018] ZALMPPHC 62 (7 November 2018)

Court

Limpopo High Court, Polokwane

Case number

2017/2016

Judge

Makgoba

The court found that, despite the payment of lobola, there was no formal handing over of the Defendant to the Plaintiff or his family, as required by customary law and practice. The evidence of the Plaintiff and his witnesses was preferred over that of the Defendant and her witnesses, who failed to establish that the handing over occurred. The court held that the handing over of the bride is an essential requirement for a valid customary marriage, distinguishing marriage from mere cohabitation. Without this, no valid customary marriage exists between the parties. The Defendant's claims for ma…

Source excerpt

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Handing Over Of Bride
• Lobola Payment
• Maintenance Of Minor Child