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
26/03/2025 Bertus Preller Divorce Statistics, Life Partnerships, Living Together, Marriage, Marriage Statistics South Africa Antenuptial Contracts, civil marriages South Africa, civil union statistics South Africa, civil unions South Africa, cohabitation South Africa law, Crude marriage rate SA, cultural shifts in marriage, customary marriage registration, declining marriage rate South Africa 2023, DHA marriage registration, family law reform South Africa, family structure change South Africa, legal consequences of not marrying, legal protection for unmarried partners, marriage and legal rights, marriage registration trends, marriage trends SA 2023, marriage vs cohabitation, matrimonial law trends, matrimonial property regimes, median age marriage 2023, P0307 2023 Stats SA, Recognition of Customary Marriages Act, religious marriage decline South Africa, South African marriage age, South African marriage statistics, South African wedding trends, universal partnership South Africa, unregistered customary marriages South Africa’s Shrinking Marriage Rate: A Deep Dive into Marriages and Divorces (P0307) [2023] Stats SA, 25 March 2024. The latest release from Statistics South Africa, Marriages and Divorces (P0307) , offers not only statistical data but a profound reflection on the evolving social and legal meaning of marriage… 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
01/02/2024 Bertus Preller Customary Marriages constitutional values, cultural diversity, cultural practices, customary law, customary marriages, dignity, equality, estate administration, estate executrix, Family Law, inheritance, judicial decisions, Khashane v Minister of Home Affairs, legal challenges, Legal Framework, legal interpretation, legal precedent, Legal Procedures, Legal Protection, legal recognition, lobola negotiations, marital rights, marriage registration, posthumous registration, Recognition of Customary Marriages Act, South African Law, spousal rights, surviving spouse rights, traditional marriages Securing Rights Beyond Life: The Landmark Case for Posthumous Registration of Customary Marriages in South Africa. – Khashane v Minister of Home Affairs and Others (052246/2023) [2024] ZAGPPHC 3 (12 January 2024). Introduction to the Application for Posthumous Registration of a Customary Marriage In the case of Khashane v Minister of Home Affairs and Others (052246/2023) ZAGPPHC 3 (12 January 2024), the… READ MORE