Answer to Question #312240 in English for Shaf

Question

Does lobola form part of statutory law or common law. Substantiate your answer by briefly discussing the sources of law

in South Africa

Answer 1

Firstly, the Act defines lobola as “property in cash or in-kind which a prospective husband or the head of his family undertakes to give to the head of the prospective wife’s family in consideration of a customary marriage.” There is no doubt that lobola is one of the essential requirements in terms of section 3(1)(b) of the Act; however, lobolo itself is no marriage.

In terms of Section 3(1) of the Act, in order for a customary marriage to be valid, it has to be entered into by a man and woman over the age of 18 years who have the intention of getting married under Customary Law, and the marriage must be negotiated and entered into or celebrated in accordance with Customary Law. However, it is pertinent to mention that section 3(1)(b) does not stipulate the requirements or customs that must be complied explicitly to validate a customary marriage. The reason for this may be attributed to customs which differs from culture to culture or the dynamic Customary Law, which is consistently evolving to meet the changing needs of the people who live by its norms.