.Tina_Hokwana | Court declares customary marriage valid despite son’s objections
Legal Practitioner
The couple purchased a property that was registered in the deeds office and they were referred to in the title deed as having been married in community of property. The application was opposed by Mamashie’s son born out of her relationship with another man on the basis that no negotiations took place between the two families and that the parties were not married to each other in terms of the Sesotho customary law in September 2008 or at any time during the life of the deceased.
He knew that Mamashie was involved in an open relationship with the father of her daughter whom she knew since 2005. She, Mamashie, remained in that relationship until her death. He confirmed that Mamashie was never married. However, in an earlier affidavit, dated August 19 2020, Moshoene confirmed and acknowledged the marriage between Makhetla and Shirley, the deceased.
The court recognised that the ritual of handing over a bride is simply a means of introducing a bride to her new family and signified the start of the marital consortium. It recognised the value of the custom, however, pointed out a “failure to strictly comply with all rituals and ceremonies that were historically observed cannot invalidate a marriage that has otherwise been negotiated, concluded or celebrated in accordance with customary law.
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