J.A.M v J.J.Z (46712-2014) [2025] ZAGPPHC 10 (10 January 2025)
Judgment handed down in the Pretoria High Court by Van Niekerk AJ regarding the validity of a customary marriage.
The plaintiff brought an application to declare that the plaintiff and the defendant were married in community of property, in terms of customary law. Further, that the parties have complied with the requirements for a valid customary marriage in terms of section 3(1) of the Recognition of Customary Marriages Act. The defendant specifically denies that the parties were married to each other in terms of customary law. The only issue to be adjudicated upon is the validity of the customary marriage.
The court accepted that Lobola negotiations took place between the M family and the Z family on 24 March 2012. Two of the plaintiff’s witnesses confirmed that the Lobola negotiations took place on 24 March 2012 between the two families. The defendant admitted that negotiations took place. The two families successfully negotiated a Lobola agreement, and the agreement was reduced to writing. The contents of the Lobola letter were not challenged, denied or contradicted by the defendant. It is common cause that R24 000-00 was paid by the Z family to the M family on 24 March 2012 and the defendant confirmed that this was what him and the plaintiff discussed begore the negotiations. The court accepts the version of the plaintiff because the plaintiff was found to be a reliable witness, whilst the defendant’s evidence raised serious concerns in respect of reliability.
The court found that a valid customary marriage was concluded between the plaintiff and the defendant