The hidden risks of traditional marriage celebrations

CONCOURT WARNING FOR COUPLES

- NQOLOKAZI NOMVALO

THE function and relevance of lobolo in contemporary society has brought much discussion across different landscapes. The Constitutional Court's recent ruling on customary marriages protects equality but creates unexpected consequences. The writer explains how ilobolo celebrations can now legally constitute marriage, and why couples need legal advice before celebrating traditional steps toward marriage. I Supplied

ON JANUARY 21, 2026, the Constitutional Court in Mbungela v The Minister of Home Affairs and Others delivered a judgment that is rightly celebrated as a victory for equality.

By ruling that antenuptial contracts signed after ilobolo (the bride price) and the conclusion of a customary marriage are invalid, the court affirmed that customary marriages stand on equal footing with civil marriages. It closed the door on opportunistic attempts to strip spouses, often women, of their rights to the joint estate.

Historically, the Recognition of Customary Marriages Act of 1998 set out clear requirements: the marriage must be negotiated, entered into or celebrated in accordance with customary law; both parties must be over 18; both must consent; and the marriage must be negotiated and celebrated between families, usually involving ilobolo.