Customary law had evolved over the years and lobola did not have to be paid in full before a valid customary marriage could be entered into. The Mercury reports this was according to a judge in the Gauteng High Court (Pretoria) when he declared an Mpumalanga man officially married to a woman who had since died. Ntombi Mbungela died in 2014 and now her daughter, Tubile Mkhonza – executor of her estate – is disputing that Madala Mkabe was her mother’s husband.

Mkabe is not her biological father. Mkhonza said the fact that Mkabe still owed R3 000 of the R12 000 lobola negotiated for her mother’s hand in marriage meant that they were not legally married in terms of customary law. She argued her mother had not yet been officially handed over to the man. But Acting Judge Mpostoli Twal a said there was no need for lobola to be paid in full. ‘Suitable arrangements can be made for payment of lobola. If the other requirements of customary marriage have been met, a valid customary marriage can be entered into.’ The judge confirmed that the pair had entered into a customary marriage in 2010 and ordered Home Affairs to register the marriage.

Full report in The Mercury (subscription needed)