Ntshiba v Moshoeshoe and Others (2469-2023) [2024] ZAECMHC 91 (26 November 2024)

Please see attached judgment from the Eastern Cape High Court, where the court declared that, because the main rituals were performed, the alleged customary marriage between the applicant and the deceased was valid.

The applicant claims that she married the deceased on 10 January 2015 according to the customary rites of the Bhele Clan. Due to a dispute raised by the respondents regarding the existence of the marriage, the applicant seeks a declaration that the marriage existed and requests an order for the Department of Home Affairs to register it, in accordance with the Recognition of Customary Marriages Act 120 of 1998.

The court finds that both the applicant and the deceased were of legal age to consent to marriage and followed the Bhele Clan’s customs in concluding their marriage. The marriage was celebrated according to the Bhele Clan’s traditions, and there is no evidence to suggest otherwise. The applicant and the deceased had been cohabiting since 2010, prior to their marriage in 2015. The deceased’s siblings and his obituary confirm the marriage. The denial of the marriage by the respondents is baseless.

The court declares the customary marriage between the applicant and the deceased valid and orders the Department of Home Affairs to register the marriage within 10 days of the order’s service.

Ntshiba v Moshoeshoe and Others (2469-2023) [2024] ZAECMHC 91 (26 November 2024)

2025-01-31T09:42:35+00:002025/01/31|Uncategorized|
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