South Africa Case Law

N.N and Others v B.N and Others (3932/2024)

N.N and Others v B.N and Others (3932/2024) [2025] ZAECMHC 46 (5 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

3932/2024

Judge

Mhambi

The court found that the first applicant and the deceased concluded a valid customary marriage in 1978, supported by evidence of lobola and customary ceremonies. The marriage was never dissolved by a court decree, as required by section 8(1) of the Recognition of Customary Marriages Act. Separation, desertion, or unilateral repudiation does not constitute dissolution of a customary marriage under South African law. The civil marriage between the deceased and the first respondent was contracted during the subsistence of the customary marriage and is therefore null and void ab initio. The court…

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• Customary Marriage Dissolution
• Recognition Of Customary Marriages Act
• Civil Marriage Nullity
• Registration Of Customary Marriage
• Irretrievable Breakdown
• Spousal Consent

T.P v L.M (HCA30/2023)

T.P v L.M (HCA30/2023) [2024] ZALMPPHC 89 (12 August 2024)

Court

Limpopo High Court, Polokwane

Case number

HCA30/2023

Judges

Gaisa, Naude-Odendaal

The court found that both parties contributed to the breakdown of the marriage through mutual non-disclosure and that neither party's conduct amounted to substantial misconduct. The duration of the marriage (8.5 years) was not so long as to preclude forfeiture, but also not so short as to justify it solely on that basis. The respondent made both financial and non-financial contributions, including homemaking and supporting the appellant's business. The appellant failed to prove that the respondent would be unduly benefited by an equal division of the joint estate. The court emphasised that fo…

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• Divorce Act Section 9
• Forfeiture Of Benefits
• Division Of Joint Estate
• Non Financial Contributions
• Irretrievable Breakdown
• Spousal Misconduct

M.R v M.T (HCA38/2022)

M.R v M.T (HCA38/2022) [2024] ZALMPPHC 45 (6 May 2024)

Court

Limpopo High Court, Polokwane

Case number

HCA38/2022

Judges

Kganyago, Mathabathe

Appeal upheld in a divorce matter; the High Court found the antenuptial contract valid and enforceable and replaced the court a quo’s order.

• Customary Marriage
• Antenuptial Contract
• Matrimonial Property Regime
• Division Of Estate
• Irretrievable Breakdown
• Appeal Procedure

S.H v S.H (12415/22)

S.H v S.H (12415/22) [2024] ZAGPPHC 365 (17 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

12415/22

Judge

Malatsi-Teffo

An uncontested divorce involving a Zimbabwean marriage was granted, with the court also ordering redistribution of assets and no costs order.

• Foreign Marriage Recognition
• Irretrievable Breakdown
• Redistribution Of Assets
• Jurisdiction In Divorce
• Authenticity Of Documents
• Foreign-marriage-recognition

Pinn v CCI Call Centre (Pty) Ltd and Others (D201/2020)

Pinn v CCI Call Centre (Pty) Ltd and Others (D201/2020) [2024] ZALCD 1; [2024] 4 BLLR 422 (LC); (2024) 45 ILJ 1058 (LC) (16 January 2024)

Court

Labour Court Durban

Case number

D201/2020

Judge

Tshangana

The Labour Court reviewed an unfair-dismissal award and ordered retrospective reinstatement, holding that the relationship breakdown was not objectively proved.

• Unfair Dismissal
• Reinstatement
• Remedies For Unfair Dismissal
• Irretrievable Breakdown
• Compensation
• Labour Relations Act

M.L.R (Born N) v L.S.R (1478/2019)

M.L.R (Born N) v L.S.R (1478/2019) [2023] ZALMPTHC 18 (14 December 2023)

Court

Limpopo High Court, Thohoyandou

Case number

1478/2019

Judge

C Diederiks

The High Court granted divorce, refused forfeiture of patrimonial benefits, ordered equal division of the joint estate, and directed each party to bear own costs.

• Divorce Act Forfeiture
• Division Of Joint Estate
• Substantial Misconduct
• Irretrievable Breakdown
• Costs In Divorce
• Divorce-act-forfeiture

P.S.M v R.V.M (34561/2019)

P.S.M v R.V.M (34561/2019) [2023] ZAGPJHC 1170 (6 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

34561/2019

Judge

G Ally

Divorce granted after the court found the customary marriage had irretrievably broken down, with partial forfeiture ordered against the plaintiff's claim to the defendant's pension interest.

• Customary Marriage
• Division Of Joint Estate
• Forfeiture Of Benefits
• Pension Interest
• Irretrievable Breakdown
• Customary-marriage

Matshika v Matshika

Matshika v Matshika [2023] ZAGPPHC 194; 10856/2021 (20 March 2023)

Court

North Gauteng High Court, Pretoria

Case number

10856/2021

Judge

B Neukircher

The court found that, although the legal duration of the marriage was over 23 years, the parties had been separated for 19 years and had only communicated once during that time. The defendant made no financial contribution to the maintenance of the child, the common home, or the joint estate after separation, and his contributions during the marriage were nominal. The plaintiff acquired the immovable property before the marriage and paid off the bond and maintained the property without any assistance from the defendant. The defendant's claims of contribution were unsupported and improbable. T…

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• Divorce
• Forfeiture Of Patrimonial Benefits
• Division Of Joint Estate
• Maintenance
• Irretrievable Breakdown

L.M.G v D.J.M (22730/2017)

L.M.G v D.J.M (22730/2017) [2021] ZAGPPHC 396; 2021 (5) SA 607 (GP) (15 June 2021)

Court

North Gauteng High Court, Pretoria

Case number

22730/2017

Judge

E.M Kubushi

The court held that, although common law generally prohibits a curator bonis from instituting divorce proceedings on behalf of an incapacitated person due to the personal nature of marriage, the interests of justice may require development of the common law in exceptional circumstances. In this case, the patient was permanently incapacitated and unable to make decisions regarding the marriage. The court order expressly authorised the curator bonis to institute matrimonial proceedings, and such an order must be obeyed until set aside. However, the court order also made the exercise of these po…

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• Curator Bonis Powers
• Locus Standi
• Divorce Proceedings
• Master Approval
• Irretrievable Breakdown
• Court Order Compliance

I.A.T v M.Q.T (FB05/2018)

I.A.T v M.Q.T (FB05/2018) [2020] ZANWHC 65 (15 September 2020)

Court

North West High Court, Mafikeng

Case number

FB05/2018

Judges

M.E. Mahlangu, Samkelo Gura

The appellant failed to discharge the onus of proving that the respondent should forfeit her matrimonial benefits. The evidence did not establish substantial misconduct or undue benefit to the respondent. The allegations of extra-marital affairs were based on hearsay and not substantiated. The respondent contributed to the household and cared for the children throughout the marriage. The court a quo correctly applied section 9(1) of the Divorce Act, considering the duration of the marriage, circumstances of breakdown, and lack of substantial misconduct. There is no basis for forfeiture, and t…

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• Divorce Act Section 9
• Forfeiture Of Matrimonial Benefits
• Division Of Joint Estate
• Irretrievable Breakdown
• Substantial Misconduct