Mabena v Ramonaka and Others (2529-2022) [2025] ZAGPJHC 128 (13 February 2025)
Judgment on the validity of a customary marriage handed down by Minnaar AJ.
The central issue was whether the customary marriage between the applicant and the deceased was valid under s 3(1)(b) of the Recognition of Customary Marriages Act, particularly in light of the dispute over whether cultural rituals beyond lobola payment were necessary to constitute a valid marriage.
The court found that the essential requirements for a valid customary marriage were met, despite the absence of certain rituals. The court ordered that the marriage between the applicant and the deceased was valid and in community of property.