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South Africa Case Law

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Family And Children [2022] ZAGPJHC 1063

Theledi v Malesela and Others (47848-2021)

Theledi v Malesela and Others (47848-2021) [2022] ZAGPJHC 1063 (16 August 2022)

Court
South Gauteng High Court, Johannesburg
Case number
47848/2021
Judge
Randera

The court found that the requirements for a valid customary marriage under Section 3(1) of the Recognition of Customary Marriages Act were met: both parties were above 18, consented to the marriage, and the marriage was negotiated and celebrated in accordance with customary law. The absence of a formal 'handing over' ceremony did not invalidate the marriage, as South African jurisprudence recognizes the flexibility of customary law and the evolution of its practices. The evidence, including the lobola agreement, the letter from the deceased's father, and the conduct of the parties—living toge…

Source excerpt

  • Customary Marriage
  • Late Registration Of Marriage
  • Marital Status Determination
  • Lobola Agreement
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Family And Children [2019] ZASCA 134

Mbungela and Another v Mkabi and Others (820/2018)

Mbungela and Another v Mkabi and Others (820/2018) [2019] ZASCA 134; 2020 (1) SA 41 (SCA); [2020] 1 All SA 42 (SCA) (30 September 2019)

Court
Supreme Court of Appeal
Case number
820/2018
Judges
Maya P, Zondi JA, Molemela JA, Mokgohloa JA, Dlodlo JA

The Supreme Court of Appeal held that the absence of the ceremony of handing over the bride did not invalidate the customary marriage between Mr Mkabi and the deceased. The court found that the essential requirements for a valid customary marriage under s 3(1)(b) of the Recognition of Customary Marriages Act were met: lobola negotiations occurred, a substantial portion of lobola and a live cow were paid, and gifts were exchanged between the families. The conduct of both families, including mutual attendance at funerals and the couple's church wedding, indicated recognition of the marital rela…

Source excerpt

  • Recognition Of Customary Marriages Act
  • Customary Law Evolution
  • Bridal Transfer Waiver
  • Lobola Payment
  • Marital Status Determination
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.