COURT CASES

The Sunday Independent - - METRO -

CASE 1

MOHAU Jack­son Moropane (ap­pli­cant) v El­iz­a­beth Southon (re­spon­dent) in Supreme Court of Ap­peals

Dis­pute: Whether the union be­tween the two par­ties should be recog­nised un­der the Cus­tom­ary Mar­riages Act.

Arguments: Moropane de­nied be­ing mar­ried, say­ing money was paid to open lobola ne­go­ti­a­tions.

Southon claimed R6 000 lobola was paid, fol­lowed by a cel­e­bra­tion and han­dover for­mal­i­ties.

Verdict: The cou­ple was de­clared mar­ried and the ap­peal was dis­missed with costs.

CASE 2

LINA Sesi Nh­lapho (ap­pli­cant) v Lil­ian Mahlangu (first re­spon­dent) in North Gaut­eng High Court

Dis­pute: To de­ter­mine who is the right­ful wife to de­ceased Thomas Jack Mahlangu.

Arguments: Nh­lapho cited lobola be­ing paid from 1986 to 2000 and four chil­dren born in the cus­tom­ary mar­riage. Mahlangu cited lobola be­ing partly paid; en­ter­ing into a civil union in 2005, and a cus­tom­ary wed­ding.

Verdict: Cus­tom­ary mar­riage with Nh­lapho de­clared valid and civil mar­riage with Mahlangu de­clared null and void.

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