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South Africa decisions
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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.
Makhetla v Minister of Home Affairs and Others (6033/2022) [2023] ZAFSHC 291 (26 July 2023)
The court found that the applicant provided sufficient evidence that the marriage was negotiated, entered into, and celebrated in accordance with customary law. Both parties were adults who consented to the marriage, lobolo was negotiated and paid, and the deceased was handed over and given a new clan name. The couple cohabited for a long period, had a child, and acquired property together, with the applicant listed as a spouse on the title deed. The court held that strict compliance with all rituals is not necessary if the essential requirements of the Act are met. The fourth respondent's op…
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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.
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.
Mavimbela v Minister of Home Affairs and Others (49613/14) [2016] ZAGPPHC 889 (30 May 2016)
The High Court held that the applicant had not proved a valid customary marriage, because formal handing over of the bride was not shown, and dismissed the application with costs.
Mathunyane v Bapela (43113/2014) [2015] ZAGPPHC 884 (13 November 2015)
The court found that a valid customary marriage existed between the applicant and the first respondent. Substantial payment of lobolo, cohabitation, and acceptance by both families demonstrated compliance with the requirements of the Recognition of Customary Marriages Act and living customary law. The court rejected the argument that incomplete lobolo payment invalidated the marriage, noting that full payment is rarely made and the concept of a deposit is foreign to customary practice. The magistrate correctly dismissed the applicant's point in limine, and the applicant is legally obliged to…
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Machika v Mthethwa (55842/2011) [2013] ZAGPPHC 308 (24 October 2013)
The High Court held that no valid customary marriage was proved because the full Shangaan/Ndebele customary process, including handing over of the bride, was not completed.
Matlala v Dlamini and Another (35611/2008) [2010] ZAGPPHC 277 (3 June 2010)
The court found that the requirements for a valid customary marriage under siSwati law were met. Both families agreed on the marriage and the lobolo amount, and the bride was formally handed over to the groom. The fact that the full lobolo was not paid did not invalidate the marriage, as arrangements for payment had been made. The applicant's arguments regarding the surname and the formalities of the handover were rejected based on the evidence and relevant legal principles. The marriage certificate issued by the Department of Home Affairs constituted prima facie proof, and the applicant fail…
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