South Africa Case Law

Mlamla v Rubushe and Others (6254/2018)

Mlamla v Rubushe and Others (6254/2018) [2019] ZAECMHC 64 (29 October 2019)

Court

Eastern Cape High Court, Mthatha

Case number

6254/2018

Judge

M.S. Jolwana

The applicant failed to establish all the requirements for the validity of a customary marriage to the deceased, specifically the essential requirement of the handing over of the bride. The applicant's founding affidavit did not mention the handing over, and her later attempt to equate the utsiki ritual with the handing over was unsatisfactory and lacked detail. The evidence presented did not demonstrate that the applicant was formally handed over to the deceased's family, as required by customary law and the Recognition of Customary Marriages Act. Furthermore, the applicant's engagement to a…

Source excerpt

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Handing Over Requirement
• Lobola Payment
• Integration Of Bride

Manse v Forensic Department of Health Germiston and Another (23299/19)

Manse v Forensic Department of Health Germiston and Another (23299/19) [2019] ZAGPJHC 367 (4 July 2019)

Court

South Gauteng High Court, Johannesburg

Case number

23299/19

Judge

M M Mabesele

The court found that the requirements of section 3(1)(b) of the Recognition of Customary Marriages Act were satisfied. Both families negotiated and agreed on lobolo, which was paid in full, and gave permission for the applicant and deceased to live together as husband and wife. The refusal of the deceased's mother to participate in the negotiations or acknowledge the applicant as makoti did not invalidate the marriage, as section 3(1)(b) allows for marriage to be negotiated and entered into without celebration or formal handing over, depending on the circumstances. The court held that the sec…

Source excerpt

• Recognition Of Customary Marriage
• Lobolo Agreement
• Handing Over Requirement
• Customary Law Divorce
• Burial Rights

Molepo and Others v Mathobela and Others (3453/2018)

Molepo and Others v Mathobela and Others (3453/2018) [2019] ZALMPPHC 16 (30 April 2019)

Court

Limpopo High Court, Polokwane

Case number

3453/2018

Judge

MF Kganyago

High Court held that no valid customary marriage was proved because the bride was never formally handed over, despite lobola negotiations and cohabitation.

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Handing Over Requirement
• Estate Distribution
• Costs Award
• Customary-marriage