03/07/2025 Bertus Preller Customary Law, Customary marriage requirements, Customary Marriages, Marriage registration, Recognition of Customary Marriages Act, Section 8 RCMA, Traditional marriage validity accrual system, African marriage, ante-nuptial contract, civil law, civil marriage, community of property, cultural marriage, customary law, customary marriage, Deeds Office, Family Law, legal concessions, Limpopo High Court, lobola, marital property, Marriage Act, marriage certificate, marriage disputes, marriage regimes, marriage validity, matrimonial law, matrimonial regimes, Property Division, Recognition of Customary Marriage Act, Rule 33, spousal property rights, stated case, traditional marriage, wedding ceremonies When Spouses Cannot Agree on Their Marriage Regime: L.M.P v N.J.D.P (Appeal) (HCAA33/2024) [2025] ZALMPPHC 122 (19 June 2025) and the Impossibility of Concurrent Matrimonial Systems. Factual Matrix: When Spouses Disagree on Their Marriage Regime The dispute in this matter exemplifies a peculiar but increasingly common phenomenon in South African family law where spouses find themselves… READ MORE
03/07/2025 Bertus Preller Bigamy, Constitutional Court customary law, Customary Law, Customary marriage dissolution, Customary marriage requirements, Customary Marriages, First wife consent, Mayelane precedent, Polygamous marriage, Recognition of Customary Marriages Act, Recognition of Customary Marriages Act, Section 8 RCMA bigamy, civil marriage, competing marriage claims, Constitutional Court, Constitutional Rights, customary law, customary marriage, customary marriage requirements, Deputy Judge President Ratshibvumo, Divorce Decree, equality rights, estate disputes, first wife consent, human dignity, irretrievable breakdown, lobola, marriage registration, marriage validity, matrimonial property, Mayelane precedent, Mpumalanga High Court, polygamous marriage, Recognition of Customary Marriages Act, South African Family Law, subsequent marriages, traditional marriage, widow status First Wife Consent Strikes Again: Constitutional Court’s Mayelane Precedent Upheld in N.R.M v F.N and Others (943/2023) [2025] ZAMPMBHC 53 (17 June 2025). The Factual Matrix: A Tale of Two Marriages and Competing Claims The factual backdrop to this matter presents a complex web of relationships that culminated in competing claims to marital… READ MORE
03/07/2025 Bertus Preller Constitutional Court customary law, Customary Law, Customary marriage dissolution, Customary Marriages, Desertion, Lobola negotiations, Marriage registration, Netshituka principle, Recognition of Customary Marriages Act, Recognition of Customary Marriages Act, Section 8 RCMA, Traditional marriage validity Alexkor case, candidate attorneys, civil marriage nullity, civil marriage void, Constitutional Court customary law, court decree divorce, customary law South Africa, customary marriage dissolution, customary union, desertion marital home, estate administration, estate distribution, family law attorneys, family law practitioners, inheritance rights, irretrievable breakdown, judicial oversight, law students, lobola negotiations, marriage registration requirements, Netshituka principle, polygamous marriages, Recognition of Customary Marriages Act, Section 8 RCMA, spousal consent, Supreme Court appeal, traditional marriage validity Desertion Does Not Dissolve: Eastern Cape High Court Clarifies Customary Marriage Dissolution Requirements in N.N and Others v B.N and Others (3932/2024) [2025] ZAECMHC 46 (5 June 2025). Factual Matrix: A Tale of Two Marriages and Competing Claims to the Deceased Estate This case presents a complex factual scenario involving competing matrimonial claims that unfolded over several decades.… READ MORE
29/06/2025 Bertus Preller Costs, Customary Law, Customary Marriages, Motion Proceedings, Plascon Evans Rule, Punitive Cost Orders, Recognition of Customary Marriages Act affidavit conflict, ancestral law, Black Administration Act, civil marriage, customary marriage, customary rites, Deane AJ, estate administration, executor appointment, family law litigation, Germiston, High Court Free State, inheritance law, KwaZulu Natal, legal burden of proof, legal recognition, lobolo, Marital Disputes, marital status dispute, marriage registration, Master of the High Court, matrimonial property, Moloi v Nkosi, motion proceedings, Plascon-Evans rule, QwaQwa, RCMA 120 of 1998, South African Family Law, Zulu marriage customs Moloi v Nkosi and Others (1713/2025) [2025] ZAFSHC 153 (15 May 2025): Customary Marriage Claims Undone by Motion Proceedings and the Plascon-Evans Rule. The Factual Matrix: Competing Marital Claims and the Legacy of Customary Law At the heart of Moloi v Nkosi and Others (1713/2025) ZAFSHC 153 (15 May 2025) lies a bitter… READ MORE
29/06/2025 Bertus Preller Cohabitation, Customary Marriages, Inheritance rights, Interdict, Intestate Succession, Procedure, South African succession law Administration of Estates Act, African customary law, attorney and client scale, cohabitation, customary law marriage, customary marriage, estate administration, estate dispute, estate litigation, estate preservation, executor appointment, High Court Pretoria, inheritance dispute, interim interdict, intestate succession, joint estate, Legal Costs, legal remedy, lobola, matrimonial property, patrimonial rights, Peteke v Khumalo, recognition of marriage, Rule 6(12), section 13, South African Family Law, testamentary rights, Urgent Application, urgent interdict, ZAGPPHC 447 Customary Marriage Dispute Halts Estate Administration: Peteke v Khumalo and Others (2025-009348) [2025] ZAGPPHC 447 (6 May 2025). The Factual Matrix: Disputed Customary Marriage and Control Over the Deceased’s Estate In Peteke v Khumalo and Others (2025-009348) ZAGPPHC 447 (6 May 2025), the applicant approached the High Court… READ MORE
28/06/2025 Bertus Preller Actio communi dividundo, Customary Law, Customary Marriages, Divorce, In Community of Property, Marriage, Urgency actio communi dividundo, balance convenience equity, co-ownership disputes, community of property marriage, compelling spouse sell property, creditor action property, customary marriage property rights, divorce proceedings pending, foreclosure prevention, irreparable harm property, Johannesburg High Court, joint estate protection, lis pendens matrimonial matters, matrimonial deadlock, Matrimonial Property Act, matrimonial property disputes, minor children interests, property law South Africa, property sale court order, recognition customary marriage act, section 16 matrimonial property act, self representation matrimonial disputes, sheriff authorisation documents, South African Family Law, spousal consent immovable property, trust arrangements divorce proceedings, unreasonable withholding consent, urgency property matters When One Spouse Won’t Sell: Court Compels Property Sale to Prevent Foreclosure in I.M.R v N.M.D (2024/014513) [2025] ZAGPJHC (5 May 2025). Background: A Customary Marriage in Crisis and Property Under Threat The case of I.M.R v N.M.D presents a stark illustration of how matrimonial breakdown can threaten jointly owned property, particularly… READ MORE
25/02/2025 Bertus Preller Customary Law, Customary Marriages, Divorce, Islamic Law, Maintenance, Muslim Marriages, Rule 43, Rule 58, Spousal Maintenance AM v RM case, constitutional family law, custody disputes, Divorce Amendment Act 1 of 2024, divorce case law, divorce legislation, divorce maintenance, divorce proceedings, Essop v Haffejee case, interim relief, Islamic divorce, Islamic law in South Africa, judicial oversight, Legal Jurisdiction, legal precedent, Legal Protections, matrimonial disputes, matrimonial law, Muslim Marriage, Muslim spouses, Muslim women rights, religious divorce, Rule 43, SJ v SE case, South African divorce law, South African Family Law, South African High Court, spousal maintenance, Talaaq, Zaphiriou case South African Court Rules on Talaaq and Rule 43 Interim Relief in Divorce – H.A v N.A (144907/2024) [2025] ZAGPPHC 121 (13 February 2025). Introduction: A Landmark Case on Muslim Marriages and Rule 43 The case of H.A v N.A (144907/2024) ZAGPPHC 121 (13 February 2025) addresses a significant legal question concerning the application… READ MORE
08/02/2025 Bertus Preller Customary Marriages, Divorce African customary marriage law, bride transfer ritual, court ruling on customary marriage, cultural practices in marriage law, customary law and modernity, customary law evolution, customary marriage, customary marriage court cases, customary marriage requirements, evolving marriage customs, family law in South Africa, high court ruling on lobola, legal analysis of customary unions, legal precedents in customary marriages, legal recognition of lobola, legal validity of customary marriage, living customary law, lobola letter authenticity, lobola negotiations, lobola payment, marital disputes in South Africa, marriage law and culture, N.V.M v D.S.R, Recognition of Customary Marriages Act, ROCMA section 3, South African customary law reform, South African Law, Supreme Court judgments on customary law, Supreme Court of Appeal, ZANCHC ruling Court Affirms Validity of Customary Marriage Despite Disputed Lobola – N.V.M v D.S.R (1327/2024) [2025] ZANCHC 9 (7 February 2025). The Disputed Customary Marriage: A Clash of Traditions and Testimonies In N.V.M v D.S.R (1327/2024) ZANCHC 9 (7 February 2025), the Northern Cape Division of the High Court was tasked… READ MORE
12/06/2024 Bertus Preller Antenuptial Contracts, Customary Law, Customary Marriages, Marital Regimes 25007/2022, accrual system, Antenuptial Contract, arbitrary deprivation, black women, civil marriage, community of property, constitutional scrutiny, customary marriage, financially weaker spouses, Gender Equality, JRM v VVC and Another, judicial oversight, legislative reform, Matrimonial Property Act, Matrimonial Property Regime, racial equality, Recognition of Customary Marriages Act, unfair discrimination Protecting the Vulnerable: JRM v VVC and Another (25007/2022) Exposes the Need for Judicial Oversight in Customary Marriage Property Regimes. The Conundrum: Validity of an 'Antenuptial Contract' Concluded Post-Customary Marriage In the recent case of JRM v VVC and Another (25007/2022), the Gauteng Division of the High Court, Pretoria, grappled… READ MORE
08/06/2024 Bertus Preller Customary Law, Customary Marriages, Divorce, Procedural Law Acting Judge Kunju, civil marriage, confirmatory affidavits, conflicting evidence, cross-examination, customary marriage, disclosure, emotional distress, factual disputes, honesty, invalidity, just and expeditious resolution, legal consequences, lobola negotiations, MEC for Health: Eastern Cape v Mbodla, null and void, oral evidence, prior marriage, proprietary rights, reliable evidence, Rule 6(5)(g), Traditional Leader, Uniform Rules of Court, Utsiki ceremony Unravelling the Complexities of Customary Marriage: An Analysis of S.B v B.B and Another (6014/2022) [2024] ZAECMHC 45 (4 June 2024) by Acting Judge Kunju. The Complexity of Proving the Existence of a Prior Customary Marriage In the case of S.B v B.B and Another (6014/2022) ZAECMHC 45 (4 June 2024), the court grappled with… READ MORE