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
16/03/2024 Bertus Preller Divorce, Divorce Statistics 2022, age at divorce, Child Custody, children affected by divorce, civil marriage, customary marriage, divorce by province, divorce counseling, divorce court, divorce education, divorce mediation, divorce patterns, divorce proceedings, divorce rate, divorce settlement, divorce solemnization, Divorce Statistics, divorce trends, duration of marriage, Family Law, marital breakdown, marriage, Marriage and divorces statistical release 2024, plaintiff in divorce, population group, Property Division, South Africa, spousal support, type of occupation, unemployment Divorce in South Africa: A Comprehensive Graphical Comparison of the 2022 Divorce Statistics. Comparing the data on divorces from the "Marriages and divorces, 2021" and "Marriages and divorces, 2022" statistical releases, several interesting trends and differences emerge. In 2021, there were 18,208 divorces… READ MORE
02/02/2024 Bertus Preller Appeal, Mootness, Procedure admissibility, appeals, appellate proceedings, civil union, Court Rulings, customary marriage, division of estate, finality in trials, hearsay evidence, Herbstein and Van Winsen, jurisprudence, Legal Framework, Legal precedents, legal principles, lobola, Marital Disputes, matrimonial benefits, matrimonial property, mootness doctrine, N B v T B, Narius Moloto v The Pan Africanist Congress Of Azania, new evidence, practical effect, South African Law, Superior Courts Act, ZAECMHC Navigating Marital Disputes and New Evidence in Appeals: Insights from N B v T B and Another. – N B v T B and Another (2669/2021; CA 81/2022) [2024] ZAECMHC 8 (30 January 2024), also cited as N.P.B v T.I.B and Another – Appeal (CA 81/2022) [2024] ZAECMHC 4 (30 January 2024). Introduction In the case of N B v T B and Another (2669/2021; CA 81/2022) ZAECMHC 8 (30 January 2024), the court was presented with an appeal against the decision… READ MORE
20/12/2023 Bertus Preller Antenuptial Contracts, Customary Law, Divorce ante-nuptial contract, civil law, community of property, consent in marriage, court judgment, customary law., customary marriage, Divorce Law, Family Law, High Court ruling, Legal Analysis, legal challenges, legal dispute, legal implications, legal precedent, marital regime, marriage registration, Mashisane v Mhlauli, matrimonial consent, matrimonial property, property rights, RCMA, South African Law, Supreme Court appeal, traditional customs Deciphering Customary vs Civil Marriage in South African Law: An In-Depth Look at Mashisane v Mhlauli (903/2022) [2023] ZASCA 176 (14 December 2023). Court Composition and Hearing The case of Mashisane v Mhlauli was heard by the Supreme Court of Appeal on 8 November 2023, presided over by Justices Mbatha, Mothle, Hughes, Weiner,… READ MORE