South Africa Case Law

President of the Republic of South Africa v Sigcau and Others (CCT 282/22)

President of the Republic of South Africa v Sigcau and Others (CCT 282/22) [2024] ZACC 21; 2025 (1) BCLR 26 (CC) (3 October 2024)

Court

Constitutional Court

Case number

CCT 282/22

Judges

Dodson AJ, Chaskalson AJ, Kollapen J, Mathopo J, Mhlantla J, Rogers J, Schippers AJ, Tshiqi J

The Constitutional Court held that the Commission on Traditional Leadership Disputes and Claims fulfilled its statutory mandate by carefully analysing the evidence relating to the customary law of amaMpondo as it existed at the time of the dispute. The Commission considered genealogy, the practice of ukungena, isifingo, and the views of the amaMpondo community, and distinguished between statutory appointments under colonial and apartheid laws and customary succession. There was no evidence that the Commission failed to consider relevant factors or that its process was unfair or irrational. Th…

Source excerpt

• Traditional Leadership Disputes
• Customary Law Succession
• Promotion Of Administrative Justice Act
• Judicial Review
• Living Customary Law
• Genealogical Succession

Zwane v Zwane and Others (2362/2021)

Zwane v Zwane and Others (2362/2021) [2024] ZAMPMBHC 25 (11 March 2024)

Court

Mbombela High Court, Mpumalanga

Case number

2362/2021

Judge

Pick

The court found that the applicant was customarily married to the deceased in 1972, based on credible affidavits, evidence of lobola negotiations, and the conduct of the parties. The mere denial by the first and second respondents was not sufficient to create a genuine dispute of fact. The court held that all three wives had long-term relationships with the deceased, lived in his properties, and bore his children, indicating equal status. The civil marriage to the first respondent was declared null and void, and all three marriages were ordered to be registered and treated equally for success…

Source excerpt

• Recognition Of Customary Marriages Act
• Equality Before The Law
• Succession And Inheritance
• Nullification Of Civil Marriage
• Living Customary Law
• Registration Of Marriages

M.L.M v J.M.L and Another (HCA28/2017-B)

M.L.M v J.M.L and Another (HCA28/2017-B) [2023] ZALMPPHC 72 (13 June 2023)

Court

Limpopo High Court, Polokwane

Case number

HCA28/2017-B

Judges

GC Muller, M Naude-Odendaal

The High Court upheld an appeal and declared that the parties had concluded a valid Bapedi customary marriage, finding lobolo, handover and celebration were proved.

• Recognition Of Customary Marriages Act
• Customary Marriage Validity
• Onus Of Proof In Customary Marriage
• Living Customary Law
• Ancillary Relief In Divorce
• Customary-marriage-validity

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

Tsambo v Sengadi (244/19)

Tsambo v Sengadi (244/19) [2020] ZASCA 46 (30 April 2020)

Court

Supreme Court of Appeal

Case number

244/19

Judges

Maya, Mbha, Zondi, Molemela, Mojapelo

The Supreme Court of Appeal held that a valid customary marriage was concluded between the respondent and the deceased on 28 February 2016. The court found that the requirements of s 3(1) of the Recognition of Customary Marriages Act were met, including negotiation, celebration, and consent. The court rejected the appellant's argument that the physical handing over of the bride was a strict requirement, noting that customary law is dynamic and rituals may be waived or symbolically performed. The evidence showed that the respondent was accepted as the deceased's wife by his family, and subsequ…

Source excerpt

• Recognition Of Customary Marriages Act
• Customary Marriage Requirements
• Handing Over Of Bride
• Living Customary Law
• Waiver Of Customs

Lurhani and Another v Premier of the Eastern Cape Province Government and Others (3048/2013)

Lurhani and Another v Premier of the Eastern Cape Province Government and Others (3048/2013) [2018] ZAECMHC 19; [2018] 2 All SA 836 (ECM) (27 March 2018)

Court

Eastern Cape High Court, Mthatha

Case number

3048/2013

Judge

Jolwana

The court found that the Committee and Premier misinterpreted Mpondo customary law by disregarding historical evidence and living practices in the Mbalisweni Traditional Community, which demonstrate that adulterine children have succeeded to traditional leadership positions where there is no male issue from the deceased's marriages. The Committee distorted key witness evidence and ignored relevant submissions, resulting in recommendations that were irrational and misleading. The Premier failed to apply her mind to all available evidence, relying solely on the Committee's flawed recommendation…

Source excerpt

• Traditional Leadership Disputes
• Customary Law Succession
• Review Of Administrative Action
• Living Customary Law
• Constitutional Rights Of Cultural Communities