Motsoatsoa v. Roro
South Africa High Court
2010 (2) All SA 324 (2010)
- Written by Meredith Hamilton Alley, JD
Facts
After cohabitating for several years, a man and woman decided to marry. The parents of the man and woman negotiated and agreed upon the lobolo, or bride price. The parents agreed that the woman would not be handed over to the man’s family until the man’s family paid the lobolo in full. After the man’s family paid 35 percent of the lobolo, the man died suddenly. The woman attempted to register the relationship as a customary marriage, similar to a common-law marriage in other jurisdictions. The man’s parents objected to the registration of the marriage, arguing that because the woman had not been handed over, there was no customary marriage. The woman argued that the parties’ cohabitation made the handing over unnecessary.
Rule of Law
Issue
Holding and Reasoning (Matlapeng, J.)
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