Customary marriage law

Recently with the customary marriage law court case in which Lerato Sengadi won to be recognised at the hip-hop rapper HHP’s customary wife the issue of traditional marriages was brought to focus. The public discussion in the mainstream and social media became about the legal process which must be observed in a customary marriage or how the process of lobola is incorporated in the legal system. n his judgment, Judge Mokgoatlheng said that HHP and Lerato Sengadi complied with all necessary requirements under the customary law and therefore Sengadi was HHP’s customary wife. Customary law only recognises three requirements: that both must be over the age of 18; Lobola must be agreed upon and that there must be a celebration.
We are joined by:
• Advocate Sabelo Sibanda, law and human rights expert.
• Nomboniso Gasa, senior research associate at the Centre for law and society within faculty of law at the University of Cape Town.
• Professor Pitika Ntuli, expert in African indigenous knowledge systems.