South Africa Case Law

Tlhale v Minister of Home Affairs and Others (2023/080241)

Tlhale v Minister of Home Affairs and Others (2023/080241) [2025] ZAGPJHC 403 (28 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/080241

Judge

Snyman

The applicant failed to establish the existence of a valid customary marriage with the deceased. She did not provide evidence of the specific customary law requirements applicable to her community, nor did she present expert or independent testimony regarding those tenets. The factual disputes regarding the conclusion of lobola negotiations, payment of lobola, and performance of marriage rituals were material and not resolved in her favour. The respondent's version, supported by confirmatory affidavits from negotiation delegates, was accepted: lobola negotiations were not concluded, the initi…

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• Customary Marriage
• Recognition Of Customary Marriages Act
• Lobola Negotiations
• Marriage Registration
• Burden Of Proof

M.C v S.S.N (243/2019)

M.C v S.S.N (243/2019) [2025] ZAFSHC 47 (17 February 2025)

Court

Free State High Court, Bloemfontein

Case number

243/2019

Judge

Reinders

The High Court dismissed an application for absolution from the instance in a claim alleging a customary marriage, finding a prima facie case existed.

• Customary Marriage
• Absolution From The Instance
• Recognition Of Customary Marriages Act
• Lobola Negotiations
• Customary-marriage
• Absolution-from-the-instance

Shawn v Shabalala and Another (56880/2021)

Shawn v Shabalala and Another (56880/2021) [2023] ZAGPPHC 2065 (5 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

56880/2021

Judge

Ceylon

The court found that all statutory requirements for a valid customary marriage were met: both parties were over 18, consented to marriage, and the marriage was negotiated and celebrated in accordance with customary law. Lobola negotiations were held and the agreed amount paid. Umembeso was celebrated with both families present, and the applicant moved in with the respondent with family blessings and no objection. The court held that the Act does not require more than one celebration or strict adherence to all traditional rituals, and that substantial compliance suffices. The absence of umabo…

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• Recognition Of Customary Marriage Act
• Validity Of Customary Marriage
• Lobola Negotiations
• Matrimonial Property Regime
• Registration Of Customary Marriage

Qongqo v Nonjuzana and Another (4693/2021)

Qongqo v Nonjuzana and Another (4693/2021) [2023] ZAECMHC 42 (15 August 2023)

Court

Eastern Cape High Court, Mthatha

Case number

4693/2021

Judge

T.V. Norman

The High Court held that Tomakazi Qongqo proved a valid customary marriage to the deceased and confirmed an interim order ejecting the respondents.

• Recognition Of Customary Marriage
• Lobola Negotiations
• Matrimonial Property Rights
• Interim Relief
• Eviction From Family Home
• Customary-marriage

Kunene v Bangaza and Others (1808/2023)

Kunene v Bangaza and Others (1808/2023) [2023] ZAECMHC 33 (4 July 2023)

Court

Eastern Cape High Court, Mthatha

Case number

1808/2023

Judge

Notyesi

The court found that the requirements of section 3(1) of the Recognition of Customary Marriages Act were satisfied: both parties were above 18 years, consented to the marriage, lobola negotiations were conducted and paid, and the marriage was celebrated with an utsiki ceremony. The absence of a formal handing over of the bride does not invalidate the marriage, as customary law is a living law and does not require inflexible adherence to rituals. The representatives for lobola negotiations need not be family members if they act on behalf of the groom. Allegations of the deceased's mental incap…

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• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Lobola Negotiations
• Handing Over Of Bride
• Burial Rights

Godlo v Minister of Home Affairs and Others

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

Court

South Gauteng High Court, Johannesburg

Case number

2021/48282

Judge

Mazibuko

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

Mabeo v Master of The High Court, South Gauteng RE: Estate Late: Phefeni Richard Ngwenya and Others (1354/2019)

Mabeo v Master of The High Court, South Gauteng RE: Estate Late: Phefeni Richard Ngwenya and Others (1354/2019) [2022] ZAGPJHC 534 (8 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

1354/2019

Judge

MMP Mdalana-Mayisela

The court found that the deceased and seventh respondent entered into a valid customary marriage on 6 May 2001, which was still in existence on 8 December 2002. The payment made to the applicant's family on 8 December 2002 was for damages for a child born outside wedlock, not for lobola. The seventh respondent did not consent to any subsequent customary marriage between the deceased and the applicant, and the applicant failed to discharge the onus of proving the existence of a customary marriage. Even if the payment was considered lobola, lack of consent from the existing wife rendered any pu…

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• Recognition Of Customary Marriage
• Lobola Negotiations
• Damages For Child Outside Wedlock
• Registration Of Customary Marriage
• Consent In Polygamous Marriage

Khambule v Mazibuko and Another (4631/2020)

Khambule v Mazibuko and Another (4631/2020) [2022] ZAFSHC 152 (9 June 2022)

Court

Free State High Court, Bloemfontein

Case number

4631/2020

Judge

N. M. Mbhele

The High Court held that lobola negotiations did occur, but no valid customary marriage was concluded because there was no bride transfer, celebration, or equivalent ritual.

• Customary Marriage
• Recognition Of Customary Marriages Act
• Lobola Negotiations
• Handing Over Of Bride
• Marriage Celebration
• Customary-marriage

Yawa and Others v Tsoeute (4286/2019)

Yawa and Others v Tsoeute (4286/2019) [2020] ZAFSHC 225 (27 November 2020)

Court

Free State High Court, Bloemfontein

Case number

4286/2019

Judge

Chesiwe

The court found that the applicants did not demonstrate reasonable prospects of success on appeal. The grounds advanced were a repetition of arguments already considered and rejected in the main judgment. The Supreme Court of Appeal has clarified that strict compliance with all customary rituals is not required for a valid customary marriage if the essential requirements, especially spousal consent, are met. The threshold for granting leave to appeal has been raised by the Superior Courts Act, and the applicants failed to meet this standard. The court also corrected an error in the original o…

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• Recognition Of Customary Marriage
• Leave To Appeal
• Superior Courts Act
• Lobola Negotiations
• Executor Appointment

Mahapeloa v Road Accident Fund (A5054/2015)

Mahapeloa v Road Accident Fund (A5054/2015) [2016] ZAGPJHC 317 (4 August 2016)

Court

South Gauteng High Court, Johannesburg

Case number

A5054/2015

Judges

Sutherland, Van Oosten, Makume

The court held that the appellant and the deceased had established a de facto family relationship characterized by cohabitation, mutual support, and an intention to create a permanent partnership. The short duration of cohabitation and absence of formal marriage were not decisive, given the social context and evidence of commitment, including the intention to initiate lobola negotiations. The appellant was financially dependent on the deceased, who supported her and their child. The court found that the appellant fell within the expanded category of persons to whom a duty of support was owed…

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• Loss Of Support
• Life Partnership
• Reciprocal Duty Of Support
• Lobola Negotiations