CUSTOMARY LAW ARTICLES
Dissolving an Unregistered Customary Marriage in South Africa
Written by Roy Bregman, admitted attorney with over 51 years’ experience in South African family and matrimonial law. Learn when an unregistered customary marriage is
Are Customary Marriages in South Africa In or Out of Community of Property?
Written by Roy Bregman, admitted attorney with over 51 years’ experience in South African matrimonial and customary law. Key takeaways Customary marriages before 15 November
Tsambo v Sengadi: When Is a Customary Marriage Valid in South Africa?”
Tsambo v Sengadi (244/19) ZASCA 46 (30 April 2020) clarifies when a customary marriage is valid, the role of lobola, handing over of the bride,
How to Register a Customary Marriage After a Spouse’s Death in South Africa
Learn how to register a customary marriage with Home Affairs after your spouse has passed away. Requirements, documents, affidavits, and the full DHA process explained.
Dissolution of Customary Marriages and the Effect on Subsequent Civil Marriages: Key Insights from a Recent High Court Judgment
Discover how South African law treats the dissolution of customary marriages and the impact on subsequent civil marriages, with insights from a landmark 2025 High
Customary Law Adoption and Succession: The Importance of Following Proper Procedures – Insights from Tshali v Nandi (2025)
Case Law Discussion: Tshali and Another v Nandi and Others Introduction: Legal Principles in Customary Law Adoption Customary law plays a significant role in the
Recognition and Posthumous Registration of Customary Marriages in South Africa
A frequent question asked by widows in South Africa is: “Can I still register my customary marriage if my husband has passed away?” The answer
Dissolution of Customary Marriage in South Africa | Legal Guide
A client asked: “I am married under customary law and would like to get divorced. How do I go about dissolving my customary marriage?” Legal
Customary Marriages, Polygamy, and Property Rights in South Africa: Legal Principles and Recent Case Law
Introduction: Understanding Customary Marriages and Polygamy in South Africa Customary marriages are an integral part of South African society, reflecting the traditions and values of
Validity of Customary Marriage Affirmed by Eastern Cape High Court: Key Legal Principles and Case Analysis
Introduction Ntshiba v. Moshoeshoe and others In South Africa, customary marriages are recognized under the Recognition of Customary Marriages Act 120 of 1998. This legislation
CPA Consumer Rights – A Discussion Of Lazarus Motor Company v Robert
Introduction: The Consumer Protection Act (CPA) is a pivotal piece of legislation in South Africa, designed to ensure that consumers receive goods that are free
Analyzing the Case of Sikhosana v Kabini: Determining the Validity of a Customary Marriage
Introduction Examining the case Sikhosana v Kabini. The question in this matter is whether the events after the lobolo negotiations amounted to an agreed marriage