South Africa Case Law

Theledi v Malesela and Others (47848-2021)

Theledi v Malesela and Others (47848-2021) [2022] ZAGPJHC 1063 (16 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

47848/2021

Judge

Randera

The court found that the requirements for a valid customary marriage under Section 3(1) of the Recognition of Customary Marriages Act were met: both parties were above 18, consented to the marriage, and the marriage was negotiated and celebrated in accordance with customary law. The absence of a formal 'handing over' ceremony did not invalidate the marriage, as South African jurisprudence recognizes the flexibility of customary law and the evolution of its practices. The evidence, including the lobola agreement, the letter from the deceased's father, and the conduct of the parties—living toge…

Source excerpt

• Customary Marriage
• Late Registration Of Marriage
• Marital Status Determination
• Lobola Agreement

Thusheni v Minister of Home Affairs and Others (2021/36333)

Thusheni v Minister of Home Affairs and Others (2021/36333) [2022] ZAGPJHC 522 (4 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/36333

Judge

Moorcroft

Leave to appeal was refused in a customary-marriage registration dispute because the papers raised foreseeable factual disputes unsuitable for resolution on affidavit.

• Customary Marriage Registration
• Late Registration Of Marriage
• Dispute Of Facts
• Leave To Appeal
• Res Judicata
• Customary-marriage-registration