Moropane v Southon

The appellant and respondent met in 1995 and began cohabiting after the appellant’s divorce in 2000. In April 2002, negotiations took place between their families at the respondent’s parental home in Seshego. An amount of R6 000 was paid, gifts were exchanged, a sheep was slaughtered, festivities occurred, and the respondent was formally handed over to the appellant’s family and welcomed as a makoti according to Pedi custom. The parties thereafter lived together as husband and wife until November 2009. The appellant later denied that these events constituted a customary marriage, claiming the payment was merely to open lobola negotiations and that no customary marriage was intended. The High Court found that a valid customary marriage existed, prompting the appeal.

The appeal was dismissed with costs.

The case is significant for clarifying the application of s 3(1) of the Recognition of Customary Marriages Act and affirming that the validity of a customary marriage depends on compliance with living customary law rather than rigid or outdated formalities. It underscores the central importance of the handing over of the bride and demonstrates the courts’ approach to evaluating customary marriages in an urban and evolving social context.