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South Africa decisions
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T.S.N v J.K.M and Another (2023/120095) [2025] ZAGPJHC 215 (20 February 2025)
The court declared a customary marriage valid despite non-registration and ordered the Minister of Home Affairs to register it and issue a certificate.
S.B v B.B and Another (6014/2022) [2024] ZAECMHC 45 (4 June 2024)
The court referred to oral evidence a dispute over whether the applicant had a prior customary marriage that would make his later civil marriage a nullity.
Minister of Justice and Correctional Services v Ramuhovhi and Others (CCT194/16) [2019] ZACC 44; 2020 (3) BCLR 300 (CC) (26 November 2019)
The Court found that Parliament had been given sufficient time to remedy the constitutional defect in section 7(1) of the Recognition of Customary Marriages Act, and the order in Ramuhovhi I clearly provided that, should Parliament fail to act within the suspension period, the interim regime would continue to apply. The Minister's explanation for the delay did not alter the legal position, as the order anticipated such a scenario and provided for continuity of the interim regime. The timing of the extension application, lodged only six weeks before expiry, was undesirable and did not justify…
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F.R v F.R (Born C.C.R) and Others (14770/2011) [2015] ZAWCHC 6; [2015] 2 All SA 352 (WCC) (29 January 2015)
The court held that, for purposes of South African law, the Islamic marriage between the Plaintiff and First Defendant was not validly contracted. However, the existence of the First Defendant's prior civil marriage does not constitute a bar to the Plaintiff's claim for proprietary relief arising from her Islamic marriage. The court relied on Constitutional Court authority, particularly Daniels v Campbell and Hassam v Jacobs, which extended statutory protections to spouses in Muslim marriages, including polygamous unions. The court found that the Divorce Act's reference to 'marriage' should b…
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Ngwenyama v Mayelane and Another (474/2011) [2012] ZASCA 94; 2012 (4) SA 527 (SCA); 2012 (10) BCLR 1071 (SCA); [2012] 3 All SA 408 (SCA) (1 June 2012)
The Supreme Court of Appeal held that s 7(6) of the Recognition of Customary Marriages Act 120 of 1998 is not intended to invalidate subsequent customary marriages for non-compliance. The section regulates proprietary consequences, not the validity of the marriage itself. The requirements for a valid customary marriage are set out in s 3 of the Act, and there is no express provision that non-compliance with s 7(6) results in nullity. The duty to apply for approval of a proprietary contract is placed on the husband, and it would be unjust to penalise the wife for his failure. A purposive and c…
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M.M v M.N and Another (29241/09) [2010] ZAGPPHC 24 (24 March 2010)
The court held that the Recognition of Customary Marriages Act requires a husband in a customary marriage who wishes to enter into a further marriage to obtain a court-approved contract regulating the matrimonial property system. The failure to comply with this requirement renders the subsequent marriage void, as the Act's imperative language and its purpose to protect the rights of existing spouses and children leave no room for discretion. The first respondent's marriage to the deceased was not preceded by such a contract and is therefore void. The applicant's marriage, concluded before the…
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B v B (19820/2008) [2009] ZAWCHC 58 (27 March 2009)
Undefended divorce matter held that accrual relief requires both spouses to disclose estate values under section 7 before any equalisation can be calculated.
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