Legal Articles and Guides
Disputed AmaZulu King Misuzulu kaZwelithini and a faction aligned to him within the Zulu royal family have launched legal action in a bid to nullify the late King Goodwill Zwelithini's marriage to his first wife, Queen Sibongile Dlamini.
Gauteng High Court (Pretoria) Acting Judge EK Tsatsi has again confirmed there does not need to be a specific list of requirements which must be complied with to prove a valid customary marriage exists.
The Ingonyama Trust Board, whose residential lease programme was last week deemed unlawful by the KZN High Court (Durban) and ordered to pay back millions of rands that it illegally received from people living on trust land, is set to face yet another legal challenge, this time in the International Criminal Court in The Hague, says a City Press report.
Agriculture, Land Reform & Rural Development Minister Thoko Didiza says she has ‘taken it to heart’ that she and others who have held the ministerial position ‘should have done more’ to exercise oversight of the Ingonyama Trust and its board.
The Modjadji Royal Nation and its regent Prince Mpapatla Modjadji have filed a notice to oppose the application by ANC MP Mathole Motshekga regarding Princess Masalanabo’s future.
The ground-breaking High Court ruling that headmanships, whether hereditary or not, have no royal family independence from their senior traditional leaders – meaning the incumbent cannot automatically be succeeded by their sons and that they have no right to decide on the successor – is being appealed.
The battle for the Modjadji royal throne will be heading to court following the decision of the royal council to nominate the heir apparent’s brother to rule over the Balobedu nation at Khetlhakone Village, outside Modjadjiskloof, in Limpopo.
Parliament is rushing to finalise a version of the Traditional Courts Bill that continues to entrench a top-down, undemocratic approach to customary law.
A pre-packed lobola agreement document has caused a row since making its way on to supermarket shelves, last week, according to a Sunday Tribune report.
Zulu King Goodwill Zwelithini’s Ingonyama Trust was on the receiving end of a decision by the Land Claims Court, when it ruled his ‘subjects’ were entitled to hold land in their names if they so wish. According to Rapport, the Ingonyama Trust intervened in a successful land claim by Zulu communities over 11 000ha of land adjacent to the trust land.
Nelson Mandela's family are embroiled in a fresh legal battle over his estate, says a Sunday Times report. Zenani and Zindzi Mandela are heading to the Constitutional Court to challenge their father's decision to leave the family home in Qunu under the custodianship of the Nelson Rolihlahla Mandela Family Trust.
Marriages performed under the Recognition of Customary Marriages Act are recognised as legal and may only be dissolved by a court through a divorce. The Star reports this was the opinion of attorney Selwyn Shapiro, who said since the Act came into force and these marriages were now recognised in law, it followed that the union had to be dissolved through divorce.
Deputy KZN Judge President Isaac Madondo believes it is time that customary law received appropriate treatment and recognition as a constitutionally recognised source of law.
The ongoing dispute over the rightful heir to the kingship of amaMpondo aseQaukeni in the Eastern Cape, was again before the Constitutional Court yesterday, says TimesLIVE. In 2013, the court set aside the notices that former President Jacob Zuma made in the Government Gazette recognising the kingship of Zanozuko Tyelovuyo Sigcau in 2010 and dismissing that of the incumbent Mpondombini Sigcau.
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.