South Africa Case Law

Lijane v Kekana and Others (21/43942)

Lijane v Kekana and Others (21/43942) [2023] ZAGPJHC 5 (3 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

21/43942

Judge

S D J Wilson

The court found that all substantive requirements for a valid customary marriage under the Recognition of Customary Marriages Act were met: both parties were over 18, consented to marry under customary law, and the marriage was negotiated and celebrated with the involvement of both families. The absence of a 'handing-over' ceremony and the non-acceptance of lobolo did not invalidate the marriage, as neither family considered these elements essential to the validity of the union. The court rejected the argument that customary law prohibits interracial marriages, holding that the Act does not r…

Source excerpt

• Customary Marriage
• Recognition Of Customary Marriages Act
• Lobolo
• Interracial Marriage
• Marriage Validity
• Bill Of Rights Interpretation

AD v Minister of Home Affairs (2411/2019)

AD v Minister of Home Affairs (2411/2019) [2021] ZAECGHC 45 (4 May 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

2411/2019

Judge

R Kruger

The High Court dismissed a review of Home Affairs’ refusal to issue a “good cause letter” to remain in South Africa pending visa regularisation.

• Promotion Of Administrative Justice Act
• Procedural Fairness
• Immigration Permits
• Judicial Review
• Marriage Validity
• Administrative-law

Pienaar and Another v Strauss and Another (3930/2016)

Pienaar and Another v Strauss and Another (3930/2016) [2017] ZAECPEHC 24 (28 March 2017)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3930/2016

Judge

Plasket

The court found that it was common cause between the parties that no marriage took place in Port Elizabeth and that the certificate and registration in the Department of Home Affairs records were false and fraudulent. The first respondent failed to provide any acceptable reason for not answering the merits and had no right to a postponement. The relief sought by the applicants was limited to expunging the false record in South Africa and did not concern the validity of any ceremony in England. The court held that there was no prejudice to the first respondent in expunging the false record, as…

Source excerpt

• Marriage Validity
• Expungement Of Records
• Jurisdiction
• Stay Of Proceedings

S.S v P.T.M (67435/09)

S.S v P.T.M (67435/09) [2014] ZAGPPHC 597 (24 July 2014)

Court

North Gauteng High Court, Pretoria

Case number

67435/09

Judge

A.P. Laka

The High Court declared that the parties were validly married under customary law in 1989 and ordered the defendant to pay costs.

• Customary Marriage
• Lobola Payment
• Marriage Validity
• Recognition Of Customary Unions
• Customary-marriage
• Lobola