South Africa Case Law

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

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

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

Njilo v Minister of Home Affairs and Others (4051/2023)

Njilo v Minister of Home Affairs and Others (4051/2023) [2024] ZAFSHC 45 (16 February 2024)

Court

Free State High Court, Bloemfontein

Case number

4051/2023

Judge

Mhlambi

The High Court declared a 1992 customary marriage valid, ordered its registration, and held that non-registration does not affect validity.

• Recognition Of Customary Marriage Act
• Validity Of Customary Marriage
• Registration Of Customary Marriage
• Lobolo Payment
• Consent And Customary Procedures
• Customary-marriage

Molokane v Williams and Others (2015/12381)

Molokane v Williams and Others (2015/12381) [2023] ZAGPJHC 1210 (24 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2015/12381

Judge

P.H. Malungana

The court found, on the balance of probabilities, that both the applicant and the first respondent had valid customary marriages with the deceased, each complying with the requirements of section 3 of the Recognition of Customary Marriages Act. The evidence supporting the first respondent's marriage was coherent and corroborated by multiple witnesses and documentary proof of lobola negotiations and ceremonies. The applicant's evidence was found unreliable and inconsistent with her affidavit. As the second marriage was not sanctioned by the court in terms of section 7(6), it is valid but out o…

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• Recognition Of Customary Marriages Act
• Polygamous Customary Marriage
• Marital Regime
• Registration Of Customary Marriage
• Appointment Of Executrix

Shawn v Shabalala and Another (56880/2021)

Shawn v Shabalala and Another (56880/2021) [2023] ZAGPPHC 2065 (5 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

56880/2021

Judge

Ceylon

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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• Recognition Of Customary Marriage Act
• Validity Of Customary Marriage
• Lobola Negotiations
• Matrimonial Property Regime
• Registration Of Customary Marriage

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…

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• 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

Malope v Minister of Home Affairs and Others (2358/2021)

Malope v Minister of Home Affairs and Others (2358/2021) [2022] ZAMPMBHC 80 (21 October 2022)

Court

Mbombela High Court, Mpumalanga

Case number

2358/2021

Judge

Ratshibvumo

The court found that the Plaintiff and the deceased entered into a valid customary marriage on 4 November 2007, as lobola was negotiated and partially paid, and the Plaintiff was handed over to the deceased's family. The subsequent cohabitation and recognition by both families supported the existence of the marriage. The court held that the lack of registration did not affect validity, and that customary law requirements are flexible and may be waived by conduct. The marriage was not lawfully dissolved, as no court decree of divorce was obtained. The Plaintiff's subsequent relationship and se…

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• Recognition Of Customary Marriage
• Lobola Payment
• Dissolution Of Customary Marriage
• Registration Of Customary Marriage
• Hearsay Evidence
• Succession And Wills

Sarah v Mohononi and Others (22258/2015)

Sarah v Mohononi and Others (22258/2015) [2022] ZAGPPHC 747 (4 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

22258/2015

Judge

Phooko

The court found that a valid customary marriage existed between the Applicant and the First Respondent, as evidenced by the letter from the headman, lobolo payment, and lack of dispute from the Respondents. The subsequent civil marriage between the First and Second Respondent was entered into during the subsistence of the customary marriage and without the Applicant's knowledge or consent. The Recognition of Customary Marriages Act prohibits a spouse in a customary marriage from entering into a civil marriage while the customary marriage subsists, and only a court may dissolve a customary mar…

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• Customary Marriage
• Recognition Of Customary Marriages Act
• Civil Marriage Nullity
• Registration Of Customary Marriage
• Marital Status
• Dissolution Of Marriage