Man Pays R100 for Lobola: Court Rules Against Divorce Settlement and Says His Marriage is Valid

Man Pays R100 for Lobola: Court Rules Against Divorce Settlement and Says His Marriage is Valid

  • A man who paid R100 for lobola failed to convince the court that his marriage was invalid
  • The couple was married under Vha-Venda custom, where R180 was paid to the woman's family, R80 was for Thodelangeno, and R100 was for lobola
  • The high court found that the couple had consented to the customary marriage, and the man's appeal failed, leaving him liable for the respondent's costs

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Venda couple dispute over R100 lobola
A Venda man tried to invalidate his marriage after claiming the lobola was not customary. Credit: Getty Images
Source: UGC

During divorce settlement proceedings, a man who had paid R100 for lobola failed to convince the court that his marriage was invalid. According to Vha-Venda custom, Thodelangeno is money paid after a woman stays with her boyfriend.

In this case, R180 was paid to the woman's family, R80 was for Thodelangeno, and R100 was for lobola.

Ex-wife claims her family formally accepted the lobola

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According to IOL, the ex-wife testified that after her family accepted the money, there was a celebration to cement their union. She was officially handed over to her in-laws. The couple separated in 2020, and the ex-wife initiated divorce proceedings, including a request for the division of the joint estate. The regional court granted a divorce decree and ordered the joint estate to be divided equally.

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Her husband appealed the court's ruling

Unhappy with the ruling, the man appealed to the high court, disputing the existence of a valid customary marriage and claiming he never agreed to the lobola negotiations. He also argued that some of the delegation members representing him were not allowed to do so according to his customs.

However, Judge Legodi Phatudi found that the evidence demonstrated that the couple had consented to the customary marriage when the ex-wife moved into the ex-husband's homestead. The judge stated:

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"I find it unnecessary to rub in the consent of the parties to their marriage that lasted at least 17 years. Their marriage is blessed with two children.The payment of lobola or lumalo that occurred on December 22, 1984, was a ratification and to seal the customary marriage the parties concluded during 1983."

In the end, the man's appeal failed, and he was liable for the respondent's costs, including those occasioned by the employment of two counsels.

Lobola negotiations cancelled after malume finds bride's thigh tattoo

In other strange lobola-related stories, Briefly News reported on a story about unsuccessful negotiations going Twitter viral. People were horrified by how a woman's in-laws found tattoos on her. The story sounded traumatising, but many people questioned whether it was true. People commented, discussing the unfortunate situation, and most had burning questions.

@BriiScotch commented:

"Why is the man's uncle the one doing the testing? It's already invasive that oAunty do it. Now malume? She dodged a bullet."

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Source: Briefly News

Authors:
Tsoku Maela avatar

Tsoku Maela Tsoku is a writer and ethnographer interested in interdisciplinary research in mental health and the visual arts, travel, live television and digital editorial. He is an AFDA alumnus with a BA in Motion Picture medium and a Masters's candidate at SOAS University for Medical Anthropology. Tsoku has written for live television shows such as Hectic Nine-9 and Mzansi Insider. You can reach him at tsoku.maela@briefly.co.za