Unpaid lobola, no ceremony prompts judge to refuse application for customary marriage to be registered

unpaid lobola, no ceremony prompts judge to refuse application for customary marriage to be registered

Unpaid lobola, no ceremony prompts judge to refuse application for customary marriage to be registered

Pretoria – Written negotiation notes torn from a diary, unpaid lobola and the fact the marriage ceremony was not concluded, have prompted a court to refuse an application a man and the woman he claimed to be his wife had entered into a valid customary marriage.

Makhosina Selome approached the Gauteng High Court, Johannesburg, for an order to have what he regarded as the traditional marriage to the late Makgaka Bella Sebethi registered by Home Affairs.

Sebethi died in a car accident three years ago and left no will. But, to be recognised as an heir, Selome had to prove they were legally married.

Their alleged marriage in terms of customary law was never registered.

Also at play is a Road Accident Fund claim which was instituted following the woman’s death.

The dad, Lesiba Makgakga denied his daughter was legally married although the couple did have a child.

Selome claimed he married the Sebethi in 2009, but since her death there had been a dispute between Selome and her family about the legality of the ceremony.

According to him, they began a relationship in 2003. In November 2009, he, together with a delegation from his family, went to the home of her father to discuss his marriage proposal.

According to tradition, his family had to pay a door fee or the equivalent of an engagement to the family, of R1 000, which he did.

In Selome’s version, negotiations commenced on the same day and culminated in a document – pages torn from a diary – on which the terms of the negotiations were recorded.

The Makgakga family set the fee at R20 000 for the bride, of which the Selomes paid R2 000. The outstanding R18 000 was never paid.

Selome also said he and “his wife” stayed together until her death.

Makgakga argued the pages on which the terms of the lobola were recorded meant nothing. He said apart from the lobola never being paid in full, there were deficiencies in following proper custom.

He said the delegation from the Selome family had arrived “uninvited” and “without prior arrangement” at his house.

“I informed them that I had no capacity to welcome and negotiate with them, except to explain the process and requirements.

“I explained that my custom and culture dictates that a specific uncle and aunt must head the delegation, while my wife and I join other elders for the final decision,” he explained.

He also said there was non-compliance with the cultural practice as there was no wedding celebration afterwards.

While Selome claimed there was a celebration at the home of one of his relatives, he admitted the bride’s parents were not there.

Judge Norman Manoim referred to a similar case in which another court said: “In African customary law there is no rigid custom governing the time stipulation within which lobola has to be fully paid.

What is sacrosanct is the undertaking to pay the agreed lobola.”

He said although the terms of a customary marriage had evolved over the years as things became more modern, certain traditions still had to be adhered to.

This included whether or not the marriage was entered into or celebrated in accordance with customary law.

In this case, Judge Manoim said, there was no indication Selome planned to ever pay the full lobola amount.

It was also clear the customs regarding the celebrations were not adhered to, and the court could not find the couple lived together all these years, as claimed Selome.

He subsequently turned down the application to force Home Affairs to register the marriage.

Pretoria News

News Related


European prosecutors bust €2.2 billion VAT fraud scheme

Laura Codruta Kovesi during an interview with the Associated Press, in Bucharest, Romania, on Oct. 4, 2019. The European Public Prosecutor’s Office (EPPO) announced on Tuesday that it uncovered the ... Read more »

Easy and Quick Deposit Methods for Online Casinos

Easy and Quick Deposit Methods for Online Casinos Online casinos are growing in popularity with each passing day. In 2022, more and more people are signing up for gambling websites, ... Read more »

Sarah Hyland would have walked out of her wedding if the groom didn't cry

Sarah Hyland would have walked out of her wedding if the groom didn’t cry Sarah Hyland would have walked out of her wedding if the groom didn’t cry. The 32-year-old ... Read more »

Sixteen alleged TERS fraudsters arrested for claims worth R2.2 million

Cape Town – The Unemployment Insurance Fund (UIF) has welcomed the arrests of 16 suspects who are accused of swindling the Fund’s Covid-19 Temporary Employer-Employee Relief Scheme (TERS) of R2.2 ... Read more »

Obstetric violence highlighted in new documentary series

Cape Town – A mini-documentary series, “Push comes to Shove: Stories of Obstetric Violence” aims to shed light on this lesser known but pervasive and prevalent form of gender-based violence. ... Read more »

The South African Word of the Day: Wena

The South African Word of the Day: Wena Drawing from 11 official languages, South Africa’s slang reflects the country’s rich – and unique – diversity. LAUGHTER IS THE BEST MEDICINE: ... Read more »

Euro Paper Talk: Murtough talks accelerate for £25m signing to replace costly Man Utd flop Ten Hag doesn’t rate; Spurs eye deal for Kevin de Bruyne destroyer

Manchester United are closing on a deal to sign a new right-back, Tottenham are desperate to sign a World Cup midfielder, while Tuesday’s Euro Paper Talk claims Leeds face a ... Read more »

Are the final World Rugby rankings an accurate reflection?

As the Autumn Nations Series came to a conclusion this past weekend, Australia climbed the World Rugby rankings after a dramatic 39-34 win over Wales, while the Springboks fell just ... Read more »

Deschamps rules out Benzema World Cup return, but Ballon d’Or winner can still receive medal

Didier Deschamps and Karim Benzema Didier Deschamps is not thinking about Karim Benzema’s fitness despite some reports the Real Madrid striker could return to the France squad during the World ... Read more »

Lopetegui plans to raid his former club as Wolves target £12m capture to bolster survival chances

Marcos Acuna (19) of Sevilla FC and Victor Kristiansen (34) of FC Copenhagen New Wolves manager Julen Lopetegui already has his sights set on one of his former players as he ... Read more »

TotalEnergies sends application to drill for gas along south coast

TotalEnergies sends application to drill for gas along south coast By Liezl Human on GroundUp TotalEnergies is about to submit its final application to drill up to five wells to search ... Read more »

Prime Minister rules out a new question of confidence, a precursor to a possible dissolution of Parliament

Peru’s Prime Minister, Betssy Chávez – EL COMERCIO / ZUMA PRESS / CONTACTOPHOTO The Peruvian Prime Minister, Betssy Chávez, has ruled out that the Executive is thinking of presenting a ... Read more »

MacG bites his tongue when commenting on DJ Sumbody’s death

Podcaster MacG has always grabbed the opportunity to share his thoughts but, on a recent episode of “Podcast and Chill”, he opted to remain silent. “It sounds like some underground ... Read more »

JUST IN: Two children drown at a Durban hotel’s swimming pool

Two children aged five and nine have drowned at a swimming pool in one of the hotels in South Beach in Durban, KwaZulu-Natal. The incident happened on Tuesday, 29 November ... Read more »

La Liga calls for ‘immediate sports sanctions’ to be placed on Juventus after board resigns

Juventus coach Masimilliano Allegri La Liga has called for “immediate sports sanctions” to be placed on Juventus after the club’s entire board resigned. Juve are under police investigation regarding “salary ... Read more »

Cameroon keeper Andre Onana suspended for 'disciplinary reasons'

By Manasi Pathak Doha – Cameroon’s first-choice goalkeeper Andre Onana has been suspended due to disciplinary reasons, the country’s federation (FECAFOOT) said, after he was left out of the squad ... Read more »

WATCH: Two sons attempted to murder their father [VIDEO]

Ah, we all love a bit of video content, don’t we? It’s engaging, exciting and a different way of consuming content. We also love consuming as much news as we ... Read more »

AMO RAMELA: So long Nqoba Zulu, my favourite gangster

Abdul Khoza as Nqoba Zulu on ‘The Wife’. OPINION Let me admit: I was the last person in South Africa to know that the voice of reason within The Wife’s ... Read more »

Blitzboks rookies to light up sevens circuit

Young trio Dalvon Blood, Ricardo Duarttee and Masande Mtshali aim to use their opportunity at the Dubai Sevens to lay the foundation for a long and prosperous Blitzboks career. READ ... Read more »

He’s a cheat ... How boxing referee helped Manny Pacquiao win in 2000

Manila – Former boxing referee Carlos Padilla has admitted cheating to help fellow Filipino Manny Pacquiao defeat Australian Nedal “Skinny” Hussein in a fight more than two decades ago. Pacquiao ... Read more »

Meghan Markle is quietly amassing massive wealth two years after ‘Megxit’

It’s been over two years since the Duchess of Sussex, Meghan Markle and husband, Prince Harry, announced that they were stepping down as senior royals. The controversial decision branded “Megxit’’ ... Read more »

‘I invested first on my body’: LaConco confirms she had liposuction

LaConco reveals she had liposuction. Image via screenshot from Instagram @_laconco. Reality star and the mother of Jacob Zuma’s child, Nonkanyiso “LaConco” Conco confirmed that she underwent liposuction via an ... Read more »

Belgium dressing room bust-up followed by ‘awkward barbeque’ as World Cup unravels

Kevin De Bruyne Toby Alderweireld belgium The Belgium players attended what turned out to be an understandably “awkward barbeque” in the wake of their dressing room bust-up. Belgium fell to ... Read more »

Alleged hitman’s statement says Onthatile Sebati wanted family wiped out to have freedom to enjoy herself

Pretoria – Mmakau resident Onthatile Sebati orchestrated the hit to wipe out her entire family as she allegedly wanted the freedom to go out and enjoy herself. According to the ... Read more »

Hawks’ second quarter sees successes in cases of fraud, corruption, fuel theft and cop killings in KZN

Durban – Thwarting corruption in the KwaZulu-Natal premier’s office and securing the sentence of a former policeman for murder were among the Hawks’ successes in the second quarter of the ... Read more »

Private jet travel is booming. And no, you still can't afford it

By Andrea Sachs Warren Buffett and I inhabit very different worlds. He is super rich; I am not. However, with the ongoing meltdown of commercial air, I think I have ... Read more »

CT duo handed lengthy jail terms for killing GotG volunteer Ameerodien Noordien

FILE: Gift of the Givers volunteer Ameerodien Noordien was shot and killed in gang crossfire in Hanover Park. CAPE TOWN – Two Cape Town men have been sentenced to 25 ... Read more »

City of uMhlathuze receives second transformer to ease power supply issues

Durban – The City of uMhlathuze on KwaZulu-Natal’s North Coast has received a second power transformer. Mayor Xolani Ngwezi received the 132/11kV 40MVA power transformer at the Hercules substation in ... Read more »

Three more Durban beaches re-open after water quality improves

Durban’s North beach. JOHANNESBURG – As the holiday season approaches, three more beaches have been re-opened in Durban. The re-opening of these beaches comes after tests by experts showed an ... Read more »

Census 2021: Minority identify as Christian in England and Wales for the first time

The wooden cross on the Chevin is erected by church members and volunteers, near Otley in northern England on April 2, 2022 Fewer than half the people in England and ... Read more »

SA to launch its own prosecution on Steinhoff fraud scandal - Hawks

Hawks head Godfrey Lebeya. JOHANNESBURG – Hawks head Godfrey Lebeya said that South Africa would launch its own prosecution on the Steinhoff fraud scandal. This comes amid a recent announcement ... Read more »

'I couldn't get the help I wanted' - Tears founder on starting her foundation

Bianca Resnekov spoke to Mara Glennie, founder of the Tears Foundation, about her foundation to support victims in our country. The 16 Days of Activism for No Violence against Women ... Read more »

Fire leaves trail of destruction in Masiphumelele

By Lucas Nowicki on GroundUp About 1 800 people were left homeless on Monday when a fire in Z-section destroyed about 600 shacks in Masiphumelele. This was the second fire in ... Read more »

WATCH: Five times where a pitbull SAVED its family

WATCH: Five times where a pitbull SAVED its family While pit bulls have been classified as a ‘dangerous breed’, there is no denying their instinct to protect their owners from ... Read more »

MMC says Tshwane metro cops who allegedly demanded R12 000 ‘spot fine’ have been identified

Pretoria – Members of the Tshwane Metro Police Department (TMPD) implicated in soliciting an amount of R12 000 from a Centurion couple in order to let them off the hook ... Read more »

Heartwarming chicken curry: Aromatic and simple family dinner

Did you know that dinner doesn’t need to be a long and complicated cook? Sometimes, simple is better and in the case of our heartwarming chicken curry recipe, you have ... Read more »

Construction mafia hindering Western Cape’s ability to deliver housing projects

Cape Town – The Western Cape Department of Human Settlements says extortion is crippling its ability to deliver on housing projects. The department says there is a syndicate of criminal ... Read more »

Suidooster 29 November 2022: On today’s episode – S7 E434

Suidooster 29 November 2022: On today’s episode – S7 E434 Find out what will happen on Suidooster this 29 November 2022! On tonight’s episode of Suidooster: Mymoena chews AB out ... Read more »

ICYMI: New twist as Rassie Erasmus could ‘help’ World Rugby

What has become clear in recent days is that Rassie Erasmus has made peace with World Rugby, and he even suggested it’s time to move on after a ‘constructive’ meeting. ... Read more »

What Cape Town has done to clean up it’s wetlands and waterways

What Cape Town has done to clean up it’s wetlands and waterways By Alex Lansdowne on GroundUp A key pledge made by Cape Town Mayor Geordin Hill-Lewis during his election campaign ... Read more »
Breaking thailand news, thai news, thailand news Verified News Story Network