South Africa Case Law

Manse v Forensic Department of Health Germiston and Another (23299/19)

Manse v Forensic Department of Health Germiston and Another (23299/19) [2019] ZAGPJHC 367 (4 July 2019)

Court

South Gauteng High Court, Johannesburg

Case number

23299/19

Judge

M M Mabesele

The court found that the requirements of section 3(1)(b) of the Recognition of Customary Marriages Act were satisfied. Both families negotiated and agreed on lobolo, which was paid in full, and gave permission for the applicant and deceased to live together as husband and wife. The refusal of the deceased's mother to participate in the negotiations or acknowledge the applicant as makoti did not invalidate the marriage, as section 3(1)(b) allows for marriage to be negotiated and entered into without celebration or formal handing over, depending on the circumstances. The court held that the sec…

Source excerpt

• Recognition Of Customary Marriage
• Lobolo Agreement
• Handing Over Requirement
• Customary Law Divorce
• Burial Rights