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…

Source excerpt

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

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…

Source excerpt

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Consent Requirement
• Marriage Registration
• Dissolution Of Marriage

J.A.M v J.J.Z (46712/2014)

J.A.M v J.J.Z (46712/2014) [2025] ZAGPPHC 10 (10 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

46712/2014

Judge

Van Niekerk N

The High Court found that the parties concluded a valid customary marriage on 24 March 2012 after lobola negotiations, payment, and bridal transfer evidence.

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Lobola Agreement
• Bridal Transfer Ceremony
• Admissibility Of Evidence
• Costs Order

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

Mtsweni v Matenchi and Others (3950/2021)

Mtsweni v Matenchi and Others (3950/2021) [2024] ZALMPPHC 116 (11 September 2024)

Court

Limpopo High Court, Polokwane

Case number

3950/2021

Judge

N Gaisa

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.

• Recognition Of Customary Marriage Act
• Validity Of Customary Marriage
• Lobolo Negotiations
• Burden Of Proof
• Civil Marriage Nullity
• Customary-marriage

M.C.M v B.P.M (2998/2020)

M.C.M v B.P.M (2998/2020) [2024] ZAFSHC 162 (23 May 2024)

Court

Free State High Court, Bloemfontein

Case number

2998/2020

Judge

Hefer AJ

The court found that the requirements of section 3(1) of the Recognition of Customary Marriages Act were met: both parties were over 18, consented to marry, and the marriage was negotiated and celebrated according to customary law. The reference to holy matrimony in the lobola agreement was a family wish, not a legal requirement, and was in any event waived by the conduct of the parties and families. The court accepted the evidence that a traditional celebration occurred, the plaintiff was presented to the defendant's family, and both families recognized the marriage. The defendant failed to…

Source excerpt

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Lobola Agreement
• Customary Law Requirements

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

Mavundla v Mthethwa N.O. and Others (452/2021)

Mavundla v Mthethwa N.O. and Others (452/2021) [2023] ZAKZDHC 97 (21 December 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

452/2021

Judge

Gwagwa AJ

The court found that the applicant failed to prove the existence of a valid customary marriage with the deceased in terms of section 3(1) of the Recognition of Customary Marriages Act. There was insufficient evidence of compliance with customary law, including the participation of the deceased's family in lobola negotiations and customary rituals. Furthermore, any purported customary marriage would have been invalid due to the subsistence of the deceased's civil marriage with Mrs AB Zuma, as prohibited by section 10(4) of the Act. The applicant's claims to a share of the deceased's estate and…

Source excerpt

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Intestate Succession
• Community Of Property
• Declaratory Relief

M.C.M v B.P.M (2998/2020)

M.C.M v B.P.M (2998/2020) [2023] ZAFSHC 451 (15 November 2023)

Court

Free State High Court, Bloemfontein

Case number

2998/2020

Judge

M E Mahlangu

The High Court declared the parties’ customary marriage valid, holding that lobola and the surrounding ceremony satisfied section 3 of the Act.

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Lobola Payment
• Customary Law Requirements
• Customary-marriage
• Lobola

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…

Source excerpt

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