South Africa Case Law

B.C.B v M.J.S (3018/2024)

B.C.B v M.J.S (3018/2024) [2025] ZALMPPHC 150 (6 August 2025)

Court

Limpopo High Court, Polokwane

Case number

3018/2024

Judge

Makoti

The court found that the requirements for a valid customary marriage under the Recognition of Customary Marriages Act were satisfied. Both parties were of age and consented to the marriage. The marriage was negotiated and partially celebrated in accordance with custom, evidenced by the lobola payment, exchange of gifts, and the subsequent church blessing with the exchange of wedding bands. The court held that the absence of a formal handing over of the bride did not invalidate the marriage, as the families' acceptance and the recognition of the plaintiff as makoti fulfilled the customary requ…

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• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Lobola Negotiation
• Handing Over Of Bride

Njwaxu v Minister of Home Affairs and Others (23272/24)

Njwaxu v Minister of Home Affairs and Others (23272/24) [2025] ZAWCHC 319 (29 July 2025)

Court

Western Cape High Court, Cape Town

Case number

23272/24

Judge

Thulare

The court remitted an alleged customary marriage registration to Home Affairs for enquiry, after finding the department had not conducted the required investigation.

• Recognition Of Customary Marriages Act
• Customary Marriage Registration
• Administrative Failure
• Inheritance Rights
• Public Service Obligation
• Customary-marriage-registration

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

N.N and Others v B.N and Others (3932/2024)

N.N and Others v B.N and Others (3932/2024) [2025] ZAECMHC 46 (5 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

3932/2024

Judge

Mhambi

The court found that the first applicant and the deceased concluded a valid customary marriage in 1978, supported by evidence of lobola and customary ceremonies. The marriage was never dissolved by a court decree, as required by section 8(1) of the Recognition of Customary Marriages Act. Separation, desertion, or unilateral repudiation does not constitute dissolution of a customary marriage under South African law. The civil marriage between the deceased and the first respondent was contracted during the subsistence of the customary marriage and is therefore null and void ab initio. The court…

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• Customary Marriage Dissolution
• Recognition Of Customary Marriages Act
• Civil Marriage Nullity
• Registration Of Customary Marriage
• Irretrievable Breakdown
• Spousal Consent

Letaoana v Road Accident Fund (2014/40055)

Letaoana v Road Accident Fund (2014/40055) [2025] ZAGPJHC 404 (23 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2014/40055

Judge

D Marais

The court found that the plaintiff had proven the existence of a customary marriage with the deceased in accordance with section 3 of the Recognition of Customary Marriages Act. The defendant did not dispute the conclusion of the marriage during trial and failed to plead or prove the existence of a prior civil marriage that would invalidate the customary marriage. Even if the marriage was invalid, the facts established a binding agreement to support, entitling the plaintiff to claim for loss of support. The boni mores did not require invalidation of the support agreement, as the plaintiff act…

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• Recognition Of Customary Marriages Act
• Duty Of Support
• Loss Of Support
• Pleading Requirements
• Civil Union Act
• Contra Bonos Mores

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

M.B.M v M.G (2023/126365)

M.B.M v M.G (2023/126365) [2025] ZAGPJHC 337 (27 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/126365

Judge

N Ntlama-Makhanya

Divorce of a customary marriage was granted, the settlement agreement was made an order, and the defendant received 50% of the plaintiff’s pension interests.

• Customary Marriage
• Recognition Of Customary Marriages Act
• Division Of Pension Interest
• Community Of Property
• Forfeiture Of Patrimonial Benefits
• Customary-marriage

EMK v EMB (2024-094190; 2023-010767)

EMK v EMB (2024-094190; 2023-010767) [2025] ZAGPPHC 289 (18 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-094190; 2023-010767

Judge

P A Van Niekerk

The court held that both the plaintiff in the divorce matter and the applicant in the application failed to meet the evidentiary burden required to prove the existence of a valid customary marriage. The pleadings and affidavits lacked sufficient detail regarding the specific customs, traditions, and compliance with the requirements of the Recognition of Customary Marriages Act and the applicable customary law. Mere reference to a dowry letter or lobola negotiations, without corroborative evidence of the customs and usages of the relevant group of peoples, is insufficient. The court emphasised…

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• Customary Marriage
• Recognition Of Customary Marriages Act
• Evidentiary Burden
• Pleading Requirements
• Registration Of Customary Marriage

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

M.C v S.S.N (243/2019)

M.C v S.S.N (243/2019) [2025] ZAFSHC 47 (17 February 2025)

Court

Free State High Court, Bloemfontein

Case number

243/2019

Judge

Reinders

The High Court dismissed an application for absolution from the instance in a claim alleging a customary marriage, finding a prima facie case existed.

• Customary Marriage
• Absolution From The Instance
• Recognition Of Customary Marriages Act
• Lobola Negotiations
• Customary-marriage
• Absolution-from-the-instance