South Africa: Customary and White Weddings Hold Equal Status

In a landmark legal ruling, the Johannesburg High Court has affirmed the validity of the customary marriage between South African actress Enhle Mbali Mlotshwa and music star Nkosinathi “Black Coffee” Maphumulo. The court declared their later civil marriage and antenuptial contract null and void. This decision legally entitles Mlotshwa to half of the couple’s substantial estate, reigniting national conversation on spousal maintenance after divorce.

Understanding Customary Marriage in South Africa

A customary marriage is a union concluded under African customary law, involving traditional customs like family negotiations, lobolo (bride wealth) payment, and the ceremonial handing over of the bride. The Recognition of Customary Marriages Act (RCMA) of 1998 grants these unions full legal recognition. Under this act, a customary marriage is automatically in community of property. This means all assets and liabilities acquired during the marriage are shared equally upon divorce, unless a pre-marriage contract specifies otherwise.

South Africa’s complex legal history, shaped by colonialism, resulted in multiple coexisting legal systems. While indigenous laws now have constitutional recognition, they are still regulated by frameworks influenced by Western legal principles. This has sometimes created tension between traditional customs and statutory laws.

The Core of the Legal Dispute

As detailed in the complete version, there are several key factors to consider.

The couple entered into a Zulu customary marriage in May 2011. Years later, in 2017, they solemnized a civil marriage accompanied by an antenuptial contract. This contract was designed to exclude the default community of property system. Black Coffee argued that this 2017 civil marriage and its contract effectively replaced their initial customary union.

However, Mlotshwa successfully contended that their civil marriage did not legally supersede the 2011 customary marriage. She argued that their antenuptial contract lacked the required judicial approval and informed consent to alter the existing marital property regime. The court agreed, ruling that their original customary marriage remained valid and in community of property.

Implications of the Ruling

This judgement sends a powerful message about the equality of all marriages in South African law. It clarifies that a subsequent civil marriage does not automatically cancel a prior customary marriage. The ruling also protects spouses, often women, from having their property rights diminished by later agreements that fail to meet strict legal standards.

The case highlights the ongoing convergence of indigenous customs and statutory laws. For the public, it underscores that a “dual marriage” or “white wedding” after a customary ceremony is legally unnecessary, as both forms of union carry equal weight and the same default property consequences in South Africa. This precedent reinforces the robust legal standing of customary marriages.