South Africa Case Law

N.V.M v D.S.R (1327/2024)

N.V.M v D.S.R (1327/2024) [2025] ZANCHC 9 (7 February 2025)

Court

Northern Cape High Court, Kimberley

Case number

1327/2024

Judge

Williams

The court found that the parties were both above the age of 18 and consented to be married under customary law. The evidence established that lobola negotiations took place on 17 April 2010, with R5000,00 paid towards lobola, and a written agreement signed by representatives of both families. The plaintiff was integrated into the defendant's family through traditional rituals, including being given a teknonymous name and participating in family ceremonies. Although the formal handing over of the bride did not occur, the court held that evolving customary law and the principle of constructive…

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• Customary Marriage
• Recognition Of Customary Marriages Act
• Lobola Payment
• Integration Into Family
• Constructive Delivery

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

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

Court

Free State High Court, Bloemfontein

Case number

2998/2020

Judge

M E Mahlangu

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

K.M v S.M and Another (A3067/2022)

K.M v S.M and Another (A3067/2022) [2023] ZAGPJHC 498 (17 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A3067/2022

Judges

D Dosio, B Wanless

The appeal was upheld because the court a quo materially misdirected itself by admitting hearsay evidence without proper application of section 3(1) of the Law of Evidence Amendment Act and without confirmatory affidavits from those with personal knowledge. The existence of a genuine dispute of fact regarding the customary marriage was ignored, and the court failed to apply the principles from Plascon-Evans regarding motion proceedings. The evidence showed that the parties cohabited for nine years and had two children, and the absence of strict compliance with all customary rituals did not in…

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• Customary Marriage
• Admissibility Of Hearsay Evidence
• Eviction Proceedings
• Motion Proceedings
• Lobola Payment
• Bridal Transfer

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

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

Court

Limpopo High Court, Thohoyandou

Case number

A07/2022

Judges

AML Phatudi, MV Semenya

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

M.B.M v J.P.M (63162/2020)

M.B.M v J.P.M (63162/2020) [2022] ZAGPPHC 912 (23 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

63162/2020

Judge

Phooko

The Court found that all statutory requirements for a valid customary marriage under section 3(1) of the Recognition of Customary Marriages Act were met: both parties were of age and consented, and lobola was fully paid. The Plaintiff was released to the Defendant's family after the second lobola meeting, and the parties cohabited for nearly a decade, had children, and acquired property together. Documentary evidence showed the Defendant repeatedly declared himself married to the Plaintiff. The absence of a formal celebration, exchange of gifts, or slaughtering of a cow did not invalidate the…

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• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Lobola Payment
• Community Of Property
• Waiver Of Customary Rituals

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)

Court

South Gauteng High Court, Johannesburg

Case number

2020/28304

Judge

N Manoim

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

Malope v Minister of Home Affairs and Others (2358/2021)

Malope v Minister of Home Affairs and Others (2358/2021) [2022] ZAMPMBHC 80 (21 October 2022)

Court

Mbombela High Court, Mpumalanga

Case number

2358/2021

Judge

Ratshibvumo

The court found that the Plaintiff and the deceased entered into a valid customary marriage on 4 November 2007, as lobola was negotiated and partially paid, and the Plaintiff was handed over to the deceased's family. The subsequent cohabitation and recognition by both families supported the existence of the marriage. The court held that the lack of registration did not affect validity, and that customary law requirements are flexible and may be waived by conduct. The marriage was not lawfully dissolved, as no court decree of divorce was obtained. The Plaintiff's subsequent relationship and se…

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• Recognition Of Customary Marriage
• Lobola Payment
• Dissolution Of Customary Marriage
• Registration Of Customary Marriage
• Hearsay Evidence
• Succession And Wills

Muvhali v Lukhele and Others (21/34140)

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

Court

South Gauteng High Court, Johannesburg

Case number

21/34140

Judge

Siwendu

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

Mboneleli v Londa (2020/29437)

Mboneleli v Londa (2020/29437) [2021] ZAGPJHC 823 (15 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/29437

Judge

Thupaatlase

The High Court dismissed an ejectment application, finding the respondent was the applicant’s wife under a customary marriage and not an unlawful occupier.

• Customary Marriage
• Unlawful Occupation
• Lobola Payment
• Matrimonial Home Rights
• Customary-marriage
• Unlawful-occupier

Mkhonza v Minister of Home Affairs and Others (8708/2018)

Mkhonza v Minister of Home Affairs and Others (8708/2018) [2021] ZAGPPHC 877 (15 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

8708/2018

Judge

Nyathi

The court dismissed an application to recognise a customary marriage and alter estate administration, finding a real dispute of fact that could not be resolved on affidavit.

• Recognition Of Customary Marriage
• Declaratory Relief
• Dispute Of Fact
• Lobola Payment
• Executorship Removal
• Recognition-of-customary-marriage