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South Africa decisions
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J.A.M v J.J.Z (46712/2014) [2025] ZAGPPHC 10 (10 January 2025)
The High Court found that the parties concluded a valid customary marriage on 24 March 2012 after lobola negotiations, payment, and bridal transfer evidence.
Malatjie v Sekgobela and Others (053314/2022) [2025] ZAGPPHC 4 (7 January 2025)
The court found that the applicant did not dispute the age and consent requirements for a valid customary marriage between the first respondent and the deceased. The central issue was whether the marriage was entered into or celebrated in accordance with customary law. Applying the test for factual disputes in motion proceedings, the court accepted the first respondent's version, supported by documentary evidence and details of the marriage celebration. The applicant failed to provide sufficient evidence to rebut the existence of a valid customary marriage. Consequently, the civil marriage be…
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M.C.M v B.P.M (2998/2020) [2024] ZAFSHC 162 (23 May 2024)
The court found that the requirements of section 3(1) of the Recognition of Customary Marriages Act were met: both parties were over 18, consented to marry, and the marriage was negotiated and celebrated according to customary law. The reference to holy matrimony in the lobola agreement was a family wish, not a legal requirement, and was in any event waived by the conduct of the parties and families. The court accepted the evidence that a traditional celebration occurred, the plaintiff was presented to the defendant's family, and both families recognized the marriage. The defendant failed to…
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Mgenge v Mokoena and Another (4888/2020) [2023] ZAGPJHC 222; [2023] 2 All SA 513 (GJ) (14 March 2023)
The court found that the applicant failed to provide credible evidence to rebut the prima facie proof of marriage established by the marriage certificate. The evidence demonstrated that both families met, negotiated, and concluded a lobola agreement, and performed customary rituals at the bride's family home. The applicant's version that the events were merely introductory discussions was contradicted by the undisputed facts, including her knowledge of the family delegation's visit and the part payment of lobola. Expert testimony established that the applicable custom was that of the bride's…
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Theledi v Malesela and Others (47848-2021) [2022] ZAGPJHC 1063 (16 August 2022)
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…
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R.M.M v E.J.M and Others (20528/2019) [2020] ZAGPPHC 291 (25 June 2020)
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…
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