Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Mtsweni v Matenchi and Others (3950/2021) [2024] ZALMPPHC 116 (11 September 2024)
The High Court dismissed an application to confirm a customary marriage and invalidate a later civil marriage, finding insufficient proof of a valid customary union.
Manzini v Dlalisa and Another (2024/101585) [2024] ZAGPJHC 920 (6 September 2024)
Urgent burial dispute dismissed after the court found a customary marriage on balance of probabilities and held the respondent could determine burial arrangements.
B.C.G v S.J.M (3818/2022) [2024] ZAFSHC 92 (22 March 2024)
The High Court found a valid customary marriage after lobolo negotiations, payment, and handing over, and dismissed the defendant’s special plea with costs.
Njilo v Minister of Home Affairs and Others (4051/2023) [2024] ZAFSHC 45 (16 February 2024)
The High Court declared a 1992 customary marriage valid, ordered its registration, and held that non-registration does not affect validity.
Sikhosana v Kabini NO and Others (2021/59067) [2023] ZAGPJHC 889 (8 August 2023)
The court declared a valid Ndebele customary marriage after lobolo negotiations and festivities, ordered registration, and dismissed a bid to remove the executor.
M.L.M v J.M.L and Another (HCA28/2017-B) [2023] ZALMPPHC 72 (13 June 2023)
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.
Nduli v Minister of Home Affairs and Others (1789/21P) [2023] ZAKZPHC 24 (3 March 2023)
The High Court declared the applicant’s customary marriage valid, holding that full lobolo payment and formal bride handover were not essential on these facts.
Lijane v Kekana and Others (21/43942) [2023] ZAGPJHC 5 (3 January 2023)
The court found that all substantive requirements for a valid customary marriage under the Recognition of Customary Marriages Act were met: both parties were over 18, consented to marry under customary law, and the marriage was negotiated and celebrated with the involvement of both families. The absence of a 'handing-over' ceremony and the non-acceptance of lobolo did not invalidate the marriage, as neither family considered these elements essential to the validity of the union. The court rejected the argument that customary law prohibits interracial marriages, holding that the Act does not r…
Source excerpt
Mankayi v Minister of Home Affairs and Others (3146/2020P) [2021] ZAKZPHC 43 (2 July 2021)
The court held that a customary marriage existed, ordered its registration, and terminated the executrix’s appointment in the deceased estate.
Kgori v Nkoana and Others (6480/19) [2020] ZAGPPHC 658 (11 November 2020)
The court dismissed an application to declare a Sepedi customary marriage valid, finding lobolo negotiations alone did not prove a completed customary marriage.
Explore more
