Tsambo v Sengadi (244/19)
Tsambo v Sengadi (244/19) [2020] ZASCA 46 (30 April 2020)
The Supreme Court of Appeal held that a valid customary marriage was concluded between the respondent and the deceased on 28 February 2016. The court found that the requirements of s 3(1) of the Recognition of Customary Marriages Act were met, including negotiation, celebration, and consent. The court rejected the appellant's argument that the physical handing over of the bride was a strict requirement, noting that customary law is dynamic and rituals may be waived or symbolically performed. The evidence showed that the respondent was accepted as the deceased's wife by his family, and subsequ…
Source excerpt
- Recognition Of Customary Marriages Act
- Customary Marriage Requirements
- Handing Over Of Bride
- Living Customary Law
- Waiver Of Customs