When is marriage valid?

HHP case set a precedent

For a customary marriage to be valid, parties must first enter into the marriage according to custom and once that is done then you can proceed to register it. In November last year, the South Gauteng high court in Johannesburg ruled that customary marriages do not require the bride to be handed over.

This ruling was made in the case of the late rapper HHP, real name Jabulani Tsambo, in terms of the customary law despite his family arguing that some rituals were not completed. Judge Ratha Mokgoatlheng said the law recognises the following requirements for a customary marriage: ● The lobolo must be fixed, but a partial contribution towards the agreed-upon lobolo amount is sufficient for customary marriage to be valid; ● Customary marriage is valid if the parties to the marriage are aged 18 or older; and ● Both parties must consent to being married under customary law, the judge ruled. The marriage must be negotiated, celebrated and entered into in accordance with the parties’ relevant customs. In another court decision, it was ruled that lobolo is not a necessary requirement for the validity of the customary marriage, but if paid, it proves that the marriage was negotiated in accordance with custom. On the date of registration of the marriage, spouses must produce their valid IDs and a lobolo agreement if available. There must be one witness from both sides or a representative of each of the families. However, failure to register the marriage does not mean the marriage is not valid. According to the Recognition of Customary Marriages Act, the only way out of a customary marriage is through a decree of divorce from the high court.