South Africa Case Law

Diba v Miselo and Another (5768/2021)

Diba v Miselo and Another (5768/2021) [2021] ZAWCHC 234 (18 November 2021)

Court

Western Cape High Court, Cape Town

Case number

5768/2021

Judge

Thulare

The court found that the requirements for a valid customary marriage under section 3(1) of the Recognition of Customary Marriages Act were satisfied. Both the deceased and the first respondent were above the age of eighteen and consented to the marriage. The marriage was negotiated, entered into, and celebrated in accordance with customary law, as evidenced by the lobola negotiations, payment, delivery of the bride, and subsequent cohabitation. The absence of the deceased's nucleus family did not invalidate the marriage, as the concept of family in customary law is flexible and not fixed. The…

Source excerpt

• Recognition Of Customary Marriage
• Requirements For Valid Customary Marriage
• Customary Law Evidence
• Administration Of Estates

Makume v Director General of the Department of Home Affairs and Others (1622/2019B)

Makume v Director General of the Department of Home Affairs and Others (1622/2019B) [2019] ZANWHC 49 (29 August 2019)

Court

North West High Court, Mafikeng

Case number

1622/2019B

Judge

R D Hendricks

The court found that the plaintiff had discharged the onus of proving a valid customary marriage in terms of the Recognition of Customary Marriages Act. The evidence established that all statutory and customary requirements were met, including lobola negotiations, the handing over of the bride, and celebrations involving both families. The absence of opposition and the corroborating witness testimony supported the conclusion that a valid marriage was concluded. The Department of Home Affairs was accordingly ordered to register the marriage and issue a marriage certificate.

Source excerpt

• Recognition Of Customary Marriage
• Registration Of Customary Marriage
• Requirements For Valid Customary Marriage

Motsoatsoa v Roro and Others (46316/09)

Motsoatsoa v Roro and Others (46316/09) [2010] ZAGPJHC 122; [2011] 2 All SA 324 (GSJ) (1 November 2010)

Court

South Gauteng High Court, Johannesburg

Case number

46316/09

Judge

Matlapeng

The court held that no valid customary marriage was proved because the bride was not formally handed over, despite lobolo negotiations and cohabitation.

• Recognition Of Customary Marriage
• Requirements For Valid Customary Marriage
• Lobolo
• Handing Over Of Bride
• Customary-marriage
• Recognition-of-customary-marriages-act