South Africa Case Law

Moloi v Nkosi and Others (1713/2025)

Moloi v Nkosi and Others (1713/2025) [2025] ZAFSHC 153 (15 May 2025)

Court

Free State High Court, Bloemfontein

Case number

1713/2025

Judge

Deane, AJ

The court found that the applicant failed to discharge the burden of proving the existence of a valid customary marriage with the deceased prior to his civil marriage with the first respondent. The matter was brought by way of motion proceedings, despite the presence of material factual disputes regarding the existence and validity of the alleged customary marriage. The affidavits submitted by both parties presented conflicting versions, and the absence of oral evidence prevented the court from assessing credibility and resolving these disputes. Applying the Plascon-Evans rule, the court dete…

Source excerpt

• Recognition Of Customary Marriage
• Motion Proceedings
• Burden Of Proof
• Conflicting Affidavits
• Application Of Plascon Evans Rule

Malatjie v Sekgobela and Others (053314/2022)

Malatjie v Sekgobela and Others (053314/2022) [2025] ZAGPPHC 4 (7 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

053314/2022

Judge

N Janse Van Nieuwenhuizen

The court found that the applicant did not dispute the age and consent requirements for a valid customary marriage between the first respondent and the deceased. The central issue was whether the marriage was entered into or celebrated in accordance with customary law. Applying the test for factual disputes in motion proceedings, the court accepted the first respondent's version, supported by documentary evidence and details of the marriage celebration. The applicant failed to provide sufficient evidence to rebut the existence of a valid customary marriage. Consequently, the civil marriage be…

Source excerpt

• Recognition Of Customary Marriage
• Validity Of Marriage
• Lobola Agreement
• Customary Law Requirements

Ntshiba v Moshoeshoe and Others (2469/2023)

Ntshiba v Moshoeshoe and Others (2469/2023) [2024] ZAECMHC 91 (26 November 2024)

Court

Eastern Cape High Court, Mthatha

Case number

2469/2023

Judge

Kunju

The High Court held that a customary marriage existed between the applicant and the deceased and ordered Home Affairs to register it.

• Recognition Of Customary Marriage
• Validity Of Customary Marriage
• Lobola Negotiation
• Registration Of Customary Marriage
• Recognition-of-customary-marriage
• Validity-of-customary-marriage

J.S.N v T.H.N (2229/2017)

J.S.N v T.H.N (2229/2017) [2024] ZAECQBHC 86 (26 March 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

2229/2017

Judge

M Makaula

The High Court held that the parties had entered a valid customary marriage after lobola and traditional ceremonies, and ordered the plaintiff to pay costs.

• Recognition Of Customary Marriage
• Matrimonial Property Regime
• Antenuptial Contract
• Consent Under Customary Law
• Customary-marriage
• Lobola

Mthembu v Ntsako and Others (2024-021190)

Mthembu v Ntsako and Others (2024-021190) [2024] ZAGPPHC 259 (25 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-021190

Judge

S J Cowen

Urgent interdict granted partly to stop disposal of estate assets and require executors to respond to a customary-law spouse’s claim to the deceased estate.

• Recognition Of Customary Marriage
• Administration Of Deceased Estates
• Interdict
• Estate Liquidation
• Surviving Spouse Claim
• Urgent Interdict Procedure

Qongqo v Nonjuzana and Another (4693/2021)

Qongqo v Nonjuzana and Another (4693/2021) [2023] ZAECMHC 42 (15 August 2023)

Court

Eastern Cape High Court, Mthatha

Case number

4693/2021

Judge

T.V. Norman

The High Court held that Tomakazi Qongqo proved a valid customary marriage to the deceased and confirmed an interim order ejecting the respondents.

• Recognition Of Customary Marriage
• Lobola Negotiations
• Matrimonial Property Rights
• Interim Relief
• Eviction From Family Home
• Customary-marriage

Mkhonta v Minister of Home Affairs and Others (539/2023)

Mkhonta v Minister of Home Affairs and Others (539/2023) [2023] ZAMPMBHC 48 (11 August 2023)

Court

Mbombela High Court, Mpumalanga

Case number

539/2023

Judge

Z Gumede

The court dismissed a claim to declare a Swazi customary marriage valid, but ordered the Master to issue a letter of executorship to the applicant or her nominee.

• Recognition Of Customary Marriage
• Letter Of Executorship
• Motion Proceedings
• Swazi Customary Law
• Customary-marriage
• Executorship

Makhetla v Minister of Home Affairs and Others (6033/2022)

Makhetla v Minister of Home Affairs and Others (6033/2022) [2023] ZAFSHC 291 (26 July 2023)

Court

Free State High Court, Bloemfontein

Case number

6033/2022

Judge

Mhlambi

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…

Source excerpt

• Recognition Of Customary Marriage
• Lobolo Payment
• Registration Of Customary Marriage
• Validity Of Customary Marriage

Godlo v Minister of Home Affairs and Others

Godlo v Minister of Home Affairs and Others [2023] ZAGPJHC 799 (28 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/48282

Judge

Mazibuko

The High Court declared a customary marriage valid and ordered posthumous registration, finding the evidence of lobola negotiations and bride handover credible.

• Recognition Of Customary Marriage
• Registration Of Customary Marriage
• Lobola Negotiations
• Handing Over Of Bride
• Validity Of Unregistered Customary Marriage
• Customary-marriage

Nefale v Nkosi and Others (2021/41524)

Nefale v Nkosi and Others (2021/41524) [2022] ZAGPJHC 997 (7 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/41524

Judge

Kemack

The court postponed a review application challenging the alleged registration of a customary union, finding the administrative record and certificate were missing.

• Customary Marriage Registration
• Review Of Administrative Action
• Recognition Of Customary Marriage
• Validity Of Customary Union
• Customary-marriage-registration
• Review-of-administrative-action