Lijane v Kekana and Others (21/43942)
Lijane v Kekana and Others (21/43942) [2023] ZAGPJHC 5 (3 January 2023)
The court found that all substantive requirements for a valid customary marriage under the Recognition of Customary Marriages Act were met: both parties were over 18, consented to marry under customary law, and the marriage was negotiated and celebrated with the involvement of both families. The absence of a 'handing-over' ceremony and the non-acceptance of lobolo did not invalidate the marriage, as neither family considered these elements essential to the validity of the union. The court rejected the argument that customary law prohibits interracial marriages, holding that the Act does not r…
Source excerpt
- Customary Marriage
- Recognition Of Customary Marriages Act
- Lobolo
- Interracial Marriage
- Marriage Validity
- Bill Of Rights Interpretation