Tsambo v Sengadi

The respondent alleged that she and the deceased, Jabulani Tsambo, concluded a valid customary marriage on 28 February 2016. After a marriage proposal in November 2015, the families met for lobola negotiations at the respondent’s family home. A written lobola agreement was concluded, with partial payment made the same day. Following negotiations, the deceased’s aunts dressed the respondent in a wedding outfit, introduced her as the deceased’s wife, and welcomed her into the Tsambo family. The appellant (the deceased’s father) congratulated her. The couple thereafter cohabited as husband and wife. The marriage was not registered. After the deceased’s death in October 2018, the appellant denied the existence of a customary marriage and excluded the respondent from funeral arrangements, prompting litigation.

The appeal was dismissed with no order as to costs.

The case confirms and applies the principle that the handing over of the bride is not an inflexible or indispensable requirement for a valid customary marriage. It strengthens the recognition of living customary law and promotes a contextual, evidence-based approach to determining the existence of customary marriages under the Recognition of Customary Marriages Act.