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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.
Sebona v Mashiloane (A79/16) [2016] ZAGPPHC 618 (8 June 2016)
The court found that the evidence overwhelmingly established the existence of a valid customary marriage between the parties. Lobolo negotiations and agreement were reached, partial payment was made, and the respondent was formally delivered to the appellant's family and received as a bride. The requirements of section 3(1) of the Recognition of Customary Marriages Act 120 of 1998 were satisfied, including consent and celebration in accordance with custom. The court rejected the appellant's argument that the absence of a civil ceremony or a more elaborate handing over invalidated the marriage…
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