Legal Articles and Guides
African Customary Law
African Customary Law
A battle over what constitutes a traditional African marriage is headed to the Constitutional Court. The break-up between former MTN CEO Sifiso Dabengwa and Joburg Theatre CEO Xoliswa Nduneni-Ngema led to a 10-year legal fight, with Nduneni-Ngema seeking half of the multimillionaire’s estate, says a Sunday Times report.
The SCA has granted special leave to appeal to Nelson Mandela's ex-wife Winnie Madikizela-Mandela on her claims to the late President's Qunu home on the basis of customary law. Madikizela-Mandela unsuccessfully challenged the decision of the executors to exclude her from the Qunu home's ownership in the Eastern Cape High Court (Mthatha). She also lost the appeal.
After 10 years of litigation, the lobola conundrum is set to head to the SCA. Joburg City Theatres CEO Xoliswa Nduneni-Ngema’s lengthy battle for half of wealthy businessman Sifiso Dabengwa’s estate was dealt yet another blow last week when the Gauteng High Court (Johannesburg) dismissed her application for leave to appeal, says a Sunday Times report. They would take the matter to the SCA, said Ike Motloung, Nduneni-Ngema’s lawyer.
The Mthatha High Court has dismissed the appeal of Winnie Madikizela-Mandela who had laid claim to the Qunu home of former President Nelson Mandela. The court also ordered Madikizela-Mandela to pay the cost of the application, according to a report on The Citizen site. She filed an appeal in April after losing an earlier bid to lay claim to Madiba’s Qunu home in the Eastern Cape. Madikizela-Mandela’s lawyer Mvuzo Notyesi reportedly said they would now petition the SCA.
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 â€“ executor of her estate â€“ is disputing that Madala Mkabe was her motherâ€™s husband.