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South Africa Case Law

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Family And Children [2024] ZAMPMBHC 29

J.E and Others v B.P.M (A36/2023; 2358/2021)

J.E and Others v B.P.M (A36/2023; 2358/2021) [2024] ZAMPMBHC 29 (26 April 2024)

The High Court upheld a valid customary marriage, granted condonation for late appeal filings, and dismissed the appeal.

  • Customary Marriage Validity
  • Recognition Of Customary Marriages Act
  • Condonation
  • Lobola Negotiation
  • Bridal Transfer
  • Divorce Under Customary Law
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Family And Children [2024] ZAECQBHC 86

J.S.N v T.H.N (2229/2017)

J.S.N v T.H.N (2229/2017) [2024] ZAECQBHC 86 (26 March 2024)

The High Court held that the parties had entered a valid customary marriage after lobola and traditional ceremonies, and ordered the plaintiff to pay costs.

  • Recognition Of Customary Marriage
  • Matrimonial Property Regime
  • Antenuptial Contract
  • Consent Under Customary Law
  • Customary-marriage
  • Lobola
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Family And Children [2023] ZAFSHC 451

M.C.M v B.P.M (2998/2020)

M.C.M v B.P.M (2998/2020) [2023] ZAFSHC 451 (15 November 2023)

The High Court declared the parties’ customary marriage valid, holding that lobola and the surrounding ceremony satisfied section 3 of the Act.

  • Recognition Of Customary Marriages Act
  • Validity Of Customary Marriage
  • Lobola Payment
  • Customary Law Requirements
  • Customary-marriage
  • Lobola
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Family And Children [2023] ZAGPJHC 799

Godlo v Minister of Home Affairs and Others

Godlo v Minister of Home Affairs and Others [2023] ZAGPJHC 799 (28 June 2023)

The High Court declared a customary marriage valid and ordered posthumous registration, finding the evidence of lobola negotiations and bride handover credible.

  • Recognition Of Customary Marriage
  • Registration Of Customary Marriage
  • Lobola Negotiations
  • Handing Over Of Bride
  • Validity Of Unregistered Customary Marriage
  • Customary-marriage
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Family And Children [2023] ZALMPTHC 2

M.M v R.A.N (A07/2022)

M.M v R.A.N (A07/2022) [2023] ZALMPTHC 2 (3 March 2023)

The High Court upheld a finding that the parties had concluded a valid customary marriage, relying on long cohabitation, consent, lobola payment, and handing over.

  • Customary Marriage
  • Consent To Marriage
  • Lobola Payment
  • Recognition Of Customary Marriages Act
  • Division Of Joint Estate
  • Customary-marriage
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Family And Children [2022] ZAGPJHC 902

Seleme v Department of Home Affairs and Others (2020/28304)

Seleme v Department of Home Affairs and Others (2020/28304) [2022] ZAGPJHC 902 (18 November 2022)

The High Court dismissed an application to register a customary marriage, finding the applicant had not proved the marriage was negotiated and celebrated in accordance with customary law.

  • Recognition Of Customary Marriages Act
  • Validity Of Customary Marriage
  • Lobola Payment
  • Cohabitation
  • Customary Law Evolution
  • Customary-marriage
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Family And Children [2022] ZAGPJHC 402

Muvhali v Lukhele and Others (21/34140)

Muvhali v Lukhele and Others (21/34140) [2022] ZAGPJHC 402 (18 July 2022)

The court declared that the applicant and deceased were validly married under customary law and allowed posthumous registration, rejecting a jurisdictional challenge.

  • Customary Marriage
  • Recognition Of Customary Marriages Act
  • Lobola Payment
  • Marital Status Declaration
  • Registration Of Customary Marriage
  • Customary-marriage
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Family And Children [2020] ZAMPMHC 46

S.J.M v L.I.M (Appeal) (A31/2019)

S.J.M v L.I.M (Appeal) (A31/2019) [2020] ZAMPMHC 46 (21 October 2020)

The High Court dismissed an appeal against a divorce order, holding that evidence showed a valid Ndebele customary marriage despite non-registration.

  • Customary Marriage
  • Recognition Of Customary Marriages Act
  • Lobola
  • Registration Of Customary Marriage
  • Division Of Estate
  • Maintenance Orders
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Family And Children [2019] ZAWCHC 164

M.C.B v T.N.M (A196/2019)

M.C.B v T.N.M (A196/2019) [2019] ZAWCHC 164 (20 November 2019)

The High Court dismissed an appeal over whether a valid isiXhosa customary marriage existed, finding the parties consented and the marriage was properly celebrated.

  • Recognition Of Customary Marriages Act
  • Validity Of Customary Marriage
  • Community Of Property
  • Isixhosa Customs
  • Consent To Marriage
  • Customary-marriage
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Family And Children [2019] ZAGPPHC 396

F.C v B.M and Another (2018/59387)

F.C v B.M and Another (2018/59387) [2019] ZAGPPHC 396 (16 August 2019)

The High Court declared a customary marriage valid, despite no formal handing-over ceremony, and ordered late registration and issuance of a marriage certificate.

  • Recognition Of Customary Marriage
  • Lobola Negotiation
  • Registration Of Customary Marriage
  • Handing Over Ceremony
  • Costs Award
  • Recognition-of-customary-marriage
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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.