Category: Customary Law

Valid customary marriage: Lobola and other formalities

T v K High court had regard to all the factors for a valid customary marriage and considered that there was no room for the argument made on behalf of the defendant that his (voluntary) absence from the wedding ceremonies was a...

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Diverse people unite: Right of court access

Homo Sapiens, Negro, Ethiopian Semite, Israelite People of SA v President of South Africa High court referred to ‘diverse people unite’ in rejecting the ‘claims’ of the applicants  who inter alia asserted...

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Rights unjustifiably limited: Polygamous customary marriages

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Unravelling recognition process: Customary law and traditional leaders

Ludidi v Ludidi (Hlubi Royal Family) Unravelling recognition process could not have been intended by the Legislature simply because of a failure to observe the contemplated administrative formality, otherwise it would result in...

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Customary law triumph: Constitutional protection of rights

Gongqose v Minister of Agriculture, Forestry and Fisheries Customary law triumph: A significant judgment  of the SCA “It is true that the right to culture cannot be exercised in a manner inconsistent with other rights, and...

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