South Africa Case Law

N.R.M v F.N and Others (943/2023)

N.R.M v F.N and Others (943/2023) [2025] ZAMPMBHC 53 (17 June 2025)

Court

Mbombela High Court, Mpumalanga

Case number

943/2023

Judge

TV Ratshibvumo

The court found that the applicant's marriage to the deceased was a valid customary marriage, as all requirements under the Recognition of Customary Marriages Act were met. The deceased did not obtain a divorce from the applicant, nor did the applicant consent to his subsequent marriage to the first respondent. The Constitutional Court in Mayelane v Ngwenyama established that the first wife's consent is a constitutional requirement for the validity of a subsequent customary marriage. The first respondent's marriage was therefore invalid, regardless of funeral practices or cohabitation. The co…

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• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Consent Requirement
• Marriage Registration
• Dissolution Of Marriage

Tlhale v Minister of Home Affairs and Others (2023/080241)

Tlhale v Minister of Home Affairs and Others (2023/080241) [2025] ZAGPJHC 403 (28 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/080241

Judge

Snyman

The applicant failed to establish the existence of a valid customary marriage with the deceased. She did not provide evidence of the specific customary law requirements applicable to her community, nor did she present expert or independent testimony regarding those tenets. The factual disputes regarding the conclusion of lobola negotiations, payment of lobola, and performance of marriage rituals were material and not resolved in her favour. The respondent's version, supported by confirmatory affidavits from negotiation delegates, was accepted: lobola negotiations were not concluded, the initi…

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• Customary Marriage
• Recognition Of Customary Marriages Act
• Lobola Negotiations
• Marriage Registration
• Burden Of Proof

T.S.N v J.K.M and Another (2023/120095)

T.S.N v J.K.M and Another (2023/120095) [2025] ZAGPJHC 215 (20 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/120095

Judge

Ntlama-Makhanya

The court declared a customary marriage valid despite non-registration and ordered the Minister of Home Affairs to register it and issue a certificate.

• Customary Marriage
• Recognition Of Customary Marriages Act
• Marriage Registration
• Proprietary Consequences
• Constitutional Rights
• Declaratory Relief

Mkabe v Minister of Home Affairs and Others (2014/84704)

Mkabe v Minister of Home Affairs and Others (2014/84704) [2016] ZAGPPHC 460 (9 June 2016)

Court

North Gauteng High Court, Pretoria

Case number

2014/84704

Judge

Twala

The court held that the plaintiff proved a valid customary marriage entered into on 2 April 2010 and ordered registration and a recognition certificate.

• Recognition Of Customary Marriage Act
• Customary Law Evolution
• Ilobolo Payment
• Handing Over Of Bride
• Marriage Registration
• Estate Liability

Maloba v Dube and Others (08/3077)

Maloba v Dube and Others (08/3077) [2008] ZAGPHC 434 (23 June 2008)

Court

High Courts - Gauteng

Case number

08/3077

Judge

Mokgoatlheng

The court found that the objective facts demonstrated that a valid customary marriage was negotiated and entered into between the first respondent and the late Collins Bafana Msimango, as lobolo was agreed upon and paid, and a traditional ceremony was held. The withdrawal of consent by family members or by proxy is not legally effective; only personal withdrawal by the prospective spouse is valid, and even then, after the marriage has been celebrated, such withdrawal does not dissolve the marriage. The non-payment of the full lobolo is not decisive, as the undertaking to pay is sufficient und…

Source excerpt

• Customary Marriage
• Recognition Of Customary Marriages Act
• Lobolo Payment
• Marriage Registration
• Dissolution Of Customary Marriage