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South Africa decisions
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Mtsweni v Matenchi and Others (3950/2021) [2024] ZALMPPHC 116 (11 September 2024)
The High Court dismissed an application to confirm a customary marriage and invalidate a later civil marriage, finding insufficient proof of a valid customary union.
Njilo v Minister of Home Affairs and Others (4051/2023) [2024] ZAFSHC 45 (16 February 2024)
The High Court declared a 1992 customary marriage valid, ordered its registration, and held that non-registration does not affect validity.
Shawn v Shabalala and Another (56880/2021) [2023] ZAGPPHC 2065 (5 September 2023)
The court found that all statutory requirements for a valid customary marriage were met: both parties were over 18, consented to marriage, and the marriage was negotiated and celebrated in accordance with customary law. Lobola negotiations were held and the agreed amount paid. Umembeso was celebrated with both families present, and the applicant moved in with the respondent with family blessings and no objection. The court held that the Act does not require more than one celebration or strict adherence to all traditional rituals, and that substantial compliance suffices. The absence of umabo…
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R.M.M v E.J.M and Others (20528/2019) [2020] ZAGPPHC 291 (25 June 2020)
The court found that the meeting on 4 October 2014 was held for the negotiation of a customary marriage, as evidenced by the signed letter and the conduct of both families. The applicant's version was supported by documentary and circumstantial evidence, including partial payment of lobola and the performance of traditional rituals. The respondent's arguments regarding the outstanding lobola and omitted rituals were rejected as untenable, given the evolving nature of customary law and the principle that strict compliance with all rituals is not required for validity. The court held that the r…
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Baloyi v Mabunda and Others (1867/2016) [2019] ZALMPPHC 25 (23 May 2019)
The court dismissed a claim to register a customary marriage, finding the alleged marriage to the deceased was not proved under Shangaan custom.
Mkabe v Minister of Home Affairs and Others (2014/84704) [2016] ZAGPPHC 460 (9 June 2016)
The court held that the plaintiff proved a valid customary marriage entered into on 2 April 2010 and ordered registration and a recognition certificate.
Mxiki v Mbata (A844/2012) [2014] ZAGPPHC 825 (23 October 2014)
The court held that although lobola was partially paid and marriage negotiations occurred, the essential requirement of handing over the bride to the husband's family was not fulfilled. Customary law requires not only negotiation and payment of lobola but also the formal handing over of the bride, which signifies the union of the two families. The absence of this ceremony meant that the marriage was not entered into or celebrated in accordance with customary law, as required by the Recognition of Customary Marriages Act. Therefore, no valid customary marriage existed between the appellant and…
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Machika v Mthethwa (55842/2011) [2013] ZAGPPHC 308 (24 October 2013)
The High Court held that no valid customary marriage was proved because the full Shangaan/Ndebele customary process, including handing over of the bride, was not completed.
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