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G.M. v N.T. and Another (123653/2024) [2025] ZAGPJHC 769 (29 July 2025)
The High Court referred a dispute over the validity and possible dissolution of an alleged customary marriage to trial because the papers were insufficient to decide the issues.
Tlou v Matlala (60676/2019) [2025] ZAGPPHC 15 (16 January 2025)
The High Court dismissed a claim that a valid customary marriage existed, finding the plaintiff’s evidence inconsistent and uncorroborated.
Malatjie v Sekgobela and Others (053314/2022) [2025] ZAGPPHC 4 (7 January 2025)
The court found that the applicant did not dispute the age and consent requirements for a valid customary marriage between the first respondent and the deceased. The central issue was whether the marriage was entered into or celebrated in accordance with customary law. Applying the test for factual disputes in motion proceedings, the court accepted the first respondent's version, supported by documentary evidence and details of the marriage celebration. The applicant failed to provide sufficient evidence to rebut the existence of a valid customary marriage. Consequently, the civil marriage be…
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Bilankulu v Mtshali and Others (111218/2023) [2024] ZAGPJHC 687 (20 June 2024)
The court found that the applicant failed to provide a reasonable explanation for her default, as she was personally served with the summons, application for default judgment, and notice of set down, yet did not respond or inform her legal representatives in time. The court held that the two summonses were similar in form and content, and no prejudice resulted from their re-publication. The applicant did not demonstrate good cause or a bona fide defence, as the civil marriage was void ab initio due to the existence of a valid customary marriage between the first respondent and the deceased. T…
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Kunene v Bangaza and Others (1808/2023) [2024] ZAECMHC 18 (9 April 2024)
The court found that the requirements for a valid customary marriage under section 3(1)(b) of the Customary Marriages Act were met, including spousal consent, lobola negotiation, and celebration. The applicant's contentions regarding the role of emissaries and the performance of rituals were rejected, as the evidence showed that the deceased appointed emissaries, paid lobola, and celebrated the marriage. The court held that customary law is dynamic and does not require strict compliance with all rituals. There was no evidence that the deceased was of unsound mind. The court concluded that the…
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B.C.G v S.J.M (3818/2022) [2024] ZAFSHC 92 (22 March 2024)
The High Court found a valid customary marriage after lobolo negotiations, payment, and handing over, and dismissed the defendant’s special plea with costs.
P.M.M v T.N.M and Others (282/2021) [2023] ZAFSHC 247 (22 June 2023)
High Court divorce matter: valid customary marriage confirmed, later civil marriage declared void, forfeiture counterclaim dismissed, and joint estate division ordered.
M v P and Another (2021/48331) [2022] ZAGPJHC 594 (24 August 2022)
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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Mnisi v de Beer and Others (31823/2021) [2021] ZAGPJHC 818 (15 December 2021)
The High Court confirmed the applicant’s marriage was valid, invalidated the competing marriage, and upheld a mutual will despite a challenge based on marriage in community of property.
Botha v Steyn (13326/2014) [2021] ZAKZDHC 23; [2021] 4 All SA 87 (KZD) (2 August 2021)
The court found that no valid marriage was entered into between the plaintiff and defendant under English law. The ceremony in England was a blessing, not a legally recognized marriage, as it failed to comply with the mandatory requirements of the Marriage Act 1949, including publication of banns, presence of registrars, and prescribed declarations. Expert evidence was accepted that no marriage was registered and the parties themselves acknowledged in subsequent agreements that they were not married. Consequently, the plaintiff's claims for divorce and ancillary relief were dismissed, as the…
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