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South Africa Case Law

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Family And Children [2020] ZAGPPHC 291

R.M.M v E.J.M and Others (20528/2019)

R.M.M v E.J.M and Others (20528/2019) [2020] ZAGPPHC 291 (25 June 2020)

Court
North Gauteng High Court, Pretoria
Case number
20528/2019
Judge
Kubushi

The court found that the meeting on 4 October 2014 was held for the negotiation of a customary marriage, as evidenced by the signed letter and the conduct of both families. The applicant's version was supported by documentary and circumstantial evidence, including partial payment of lobola and the performance of traditional rituals. The respondent's arguments regarding the outstanding lobola and omitted rituals were rejected as untenable, given the evolving nature of customary law and the principle that strict compliance with all rituals is not required for validity. The court held that the r…

Source excerpt

  • Recognition Of Customary Marriage Act
  • Customary Marriage Validity
  • Lobola Agreement
  • Handing Over Ritual
  • Living Customary Law
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Family And Children [2014] ZAGPPHC 825

Mxiki v Mbata (A844/2012)

Mxiki v Mbata (A844/2012) [2014] ZAGPPHC 825 (23 October 2014)

Court
North Gauteng High Court, Pretoria
Case number
A844/2012
Judges
K E Matojane, C P Rabie, L M Molopa-Sethosa

The court held that although lobola was partially paid and marriage negotiations occurred, the essential requirement of handing over the bride to the husband's family was not fulfilled. Customary law requires not only negotiation and payment of lobola but also the formal handing over of the bride, which signifies the union of the two families. The absence of this ceremony meant that the marriage was not entered into or celebrated in accordance with customary law, as required by the Recognition of Customary Marriages Act. Therefore, no valid customary marriage existed between the appellant and…

Source excerpt

  • Recognition Of Customary Marriage Act
  • Validity Of Customary Marriage
  • Lobola Payment
  • Handing Over Ritual
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.