Beyond the Docket: Custom Before Contracts: The High Court’s Ruling in the Black Coffee Divorce

The divorce proceedings between Black Coffee (Nkosinathi Maphumulo) and Enhle Mbali Mlotshwa turned primarily on whether the parties had concluded a valid customary marriage in terms of South African law. This question was decisive because, if a valid customary marriage existed and no valid antenuptial contract had been concluded prior to the marriage, the marriage would be regarded […]