Examine the pivotal North Gauteng High Court decision in Mthembu v Ntsako, addressing the urgent recognition of customary marriages in estate administration and the executors’ duties under South African law.
Explore the legal complexities of concurrent matrimonial unions in South African law through the lens of the Mavundla v Mthethwa N.O. and Others case. This insightful article delves into the KwaZulu-Natal High Court’s analysis on the validity of a customary marriage in the presence of an existing civil marriage, under the Recognition of Customary Marriages Act. Understand the court’s reasoning, key legal provisions, and the final judgment in this pivotal case.
Explore the Pretoria High Court case of TPK v The Minister of Home Affairs (Case No: 052246/2023) which addresses the pivotal issue of posthumous registration of customary marriages under the Recognition of Customary Marriages Act 120 of 1998. Delve into the legal nuances, court’s reasoning, and the implications of this landmark judgment for customary marriage registration and recognition in South Africa
Lungi and Tebogo got married in December 2018 in Durban, Kwazulu-Natal. Tebogo paid full lobola for Lungi and the handing over of the bride ceremony was done, however, they never formally registered their marriage. Lungi and Tebogo now want to get divorced, however,...
Before You Say, “I Do”, Read This
Most people who have a traditional wedding and a normal wedding, are never sure when they actually need to conclude the Ante-nuptial Contract, if they choose this route. In this article, Elsabe Sentle discusses what a traditional marriage is, as well when the right time to conclude an Ante-nuptial contract is in such an instance.
Getting married is a decision that is not taken lightly. However, the ever-growing question remains: how should each party get married? In recent years there has been a decline in couples deciding to get married in community of property. Most of these couples rather...
Section 18 of the Children’s Act, 38 of 2005 places the responsibility on the parents of a child to contribute to the maintenance of the child. This article endeavours in setting out the process of claiming the maintenance your child is entitled to at Maintenance...