South Africa Case Law

M.W v C.W (2462/2019)

M.W v C.W (2462/2019) [2025] ZANCHC 34 (11 April 2025)

Court

Northern Cape High Court, Kimberley

Case number

2462/2019

Judge

Nxumalo

The court found that the marriage between the plaintiff and the third party was not valid due to non-compliance with the prescribed formalities under the Marriage Act and applicable regulations. The marriage officer lacked authority, and the marriage was never registered with the Department of Home Affairs. The evidence established that the impugned marriage was null and void ab initio, and thus did not affect the validity of the subsequent marriage between the plaintiff and the defendant. The defendant failed to show good cause for condonation of late application for reasons, and the special…

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• Nullity Of Marriage
• Marriage Act Formalities
• Registration Of Marriage
• Declaratory Order
• Accrual System
• Maintenance Claim

Mabena v Ramonaka and Others (2529/2022)

Mabena v Ramonaka and Others (2529/2022) [2025] ZAGPJHC 128 (13 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2529/2022

Judge

Minnaar

The court found that the applicant and the deceased met the essential requirements for a valid customary marriage under section 3(1) of the Recognition of Customary Marriages Act. The evidence showed that both parties consented, lobola was fully paid, and they lived together as husband and wife, raising children and acquiring property. The absence of certain Sepedi rituals, specifically the bridal transfer, did not invalidate the marriage, as customary law is flexible and must be interpreted in light of the parties' intentions and lived experience. The court relied on the Supreme Court of App…

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• Customary Marriage
• Recognition Of Customary Marriages Act
• Registration Of Marriage
• Community Of Property

Mashisane v Mhlauli (903/2022)

Mashisane v Mhlauli (903/2022) [2023] ZASCA 176 (14 December 2023)

Court

Supreme Court of Appeal

Case number

903/2022

Judges

Mbatha, Mothle, Hughes, Weiner, Keightley

The Supreme Court of Appeal held that material disputes of fact made motion proceedings inappropriate in a customary-marriage declarator dispute, and dismissed the application.

• Customary Marriage
• Declaratory Relief
• Dispute Of Fact
• Antenuptial Contract
• Registration Of Marriage
• Customary-marriage

M.J.M v N.C.M and Others (HCAA 04/2022)

M.J.M v N.C.M and Others (HCAA 04/2022) [2022] ZALMPPHC 69 (6 December 2022)

Court

Limpopo High Court, Polokwane

Case number

HCAA 04/2022

Judges

Ledwaba AJ, F Kganyago J, G J Diamond AJ

The majority found that the appellant had proved, on a balance of probabilities, the existence of a customary marriage with the deceased, registered on 13 March 1979, as evidenced by annexure FA 3. The court held that this document, containing the appellant's and deceased's particulars and the date of marriage, constituted prima facie proof under section 4(8) of the Recognition of Customary Marriages Act. There was no evidence of fraud or illegality to rebut this presumption. Consequently, the subsequent civil marriage between the deceased and the first respondent, contracted on 23 December 1…

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• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Civil Marriage Nullity
• Registration Of Marriage
• Prima Facie Proof
• Administration Of Deceased Estates

M v P and Another (2021/48331)

M v P and Another (2021/48331) [2022] ZAGPJHC 594 (24 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/48331

Judge

E F Dippenaar

The court found that the applicant and first respondent entered into a valid customary marriage in August 2006, having satisfied all statutory requirements under the Recognition of Customary Marriages Act. The respondent's assertion that consent from his alleged first wife was required was unsupported by Pedi customary law or any authority. The respondent's version regarding a prior marriage was unsubstantiated and contradicted by documentary evidence, including a death certificate and affidavits. The court held that the lack of a matrimonial property contract under s 7(6) does not affect the…

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• Customary Marriage
• Recognition Of Customary Marriages Act
• Validity Of Marriage
• Polygamous Marriage
• Matrimonial Property
• Registration Of Marriage