Msizi

Husband and father to three girls. Qualified Maths and Physical sciences educator, Chemical Engineering Technician with N.Dip - chemical engineering.

[Donda Attorneys @AttorneysDonda]

WOMEN AT THE NEGOTIATION TABLE FOR iLOBOLO

Can women accept ilobolo in customary law during negotiations? What are the Constitutional rights of women in regards to this?

A Donda Attorneys Article

Moseneke DCJ "it bears repetition that'it is a legitimate objective to have a flourishing and constitutionally compliant customary law that lives side by side with the common law and legislation'''

In customary law, it is only men that can accept ilobolo from the future husband’s family in most tribes. The tradition is that the men will represent the family of the prospective wife. In the new constitutional dispensation, is this still the situation? Let us deal with the significance of ilobolo.

a)The significance of lobolo in a customary marriage.

The practice of lobolo is one of the customs that differentiate a civil marriage to a customary marriage. The lobolo agreement is done between the family of the prospective husband and the prospective wife, the main reason being that customary marriages are aimed at bringing the families of the bride and the bridegroom together. The Recognition of Customary Marriages Act 120 of 1998 defines lobolo as thus:

‘the property in cash or kind ,whether known as lobolo ,bogadi,bohali ,xuma, lumalo,thuka,ikhazi,magadi,emabheka,or by any other name which a prospective husband or the head of his family undertakes to give the head of the prospective wife’s family in consideration of a customary marriage’

Now that we have painted the picture, can women of the family of the prospective wife accept ilobolo?

b)Mabena vs Letsealo 1998 (2) SA 1068 (T) case law

In this case, the applicant was a father of a man who was married to the respondent in customary law but the son was deceased in 1994. The father contended that his deceased son was not in a customary marriage as he(the father) did not consent to it and he was not present during the lobola negotiations. In his assertions, he stated that women in the official version of customary law cannot be the ones accepting ilobolo on behalf of the family of the prospective wife.

Women accepting lobola during lobola negotiations

In the Mabena case, the father of the customary wife had abandoned the family before the ilobolo negotiations, the negotiators were then the mother and the uncle of the family. The deceased came with his friends to pay lobola, which was an amount of R600 (a lot of money at the time). The respondent and the deceased at the time had a house and a child; they proceeded with the marriage as lobola was paid. The reason for not involving the applicant was that he as the father did not approve of the marriage. In an article stated by Mr NN Ngema on this topic he states” It appears that in terms of the official version of customary law women were not allowed to negotiate ilobolo. However, according to the living version of customary law women are able to do so”

The court held stated, “It must therefore be accepted that there are instances in practice where mothers negotiate for and receive lobolo, and consent to the marriage of their daughters. The present case is clearly not an isolated one. Seen against that backdrop, the respondent was probably referring to the custom followed by people in similar circumstances to their own. A rule that a woman who is the head of her family may negotiate for and receive lobolo is not repugnant to the customary law of marriage. This is clear from the views expressed by the Law Commission”

The court then held that the mother of the respondent had a right to act as a guardian and accept ilobolo. This was in line with developing customary law to be in line with the constitution.

c) Constitutional rights of women to accept ilobolo

The equality clause states, “Everyone is equal”, and if the women is a guardian of the daughter one can argue that she can have a seat at the negotiation table for ilobolo.

[The Royal Rebel @dbn_lifestyle]

@_AfricanSoil Here is why

[Prof Moya @MoyaProf]

Breaking : @IECSouthAfrica has been exposed in the western cape and GP for alleged manipulation of the numbers to encourage the marriage of the ANC and the DA government. Parties are beginning to question the legitimacy and validity of the results. We have always seen who they work for, we urge all opposition parties to verify and vet all the results to deal with the skeletons that are ballooning up the DA numbers.

The ANC realized they are being watched by MK and now they are pushing DA numbers to suppress EFF and MK numbers. Recount !!!

The IEC of today is worst since its inception. 🚮🚮🚮

#ElectionsResults #SAvote #VoteMK2P2024

[Msizi @msizinkumane]

Somewhere out there, there is someone begging for R1 for a smoke from someone who wants R100 for a beer, that someone who wants a beer is asking someone who wants R5000 for a bond repayment, that one who wants money to pay a bond is waiting for a loan from a certain company....

[Newzroom Afrika @Newzroom405]

[BREAKING NEWS] KZN ANC Chairperson Siboniso Duma reprimands the Amazulu Traditional Prime Minister Thulasizwe Buthelezi and accuses him of hijacking a government programme. #Newzroom405

[Msizi @msizinkumane]

@Iam_VickyWOG @mshekeshek I 've just seen your video, thanx to this post, will follow u.

[Nkululeko Mhlaba @NkululekoMhlaba]

Just saw video of a guy who was invited to a birthday party at a fancy restaurant with 12 guests, people ordered expensive food & drinks bill came to R92k guy paid for his R1200 bill + tip and left. Birthday girl is now mad at him that he only paid for his part of the bill 😂😂😂

[Mxolisi Khumalo @emxolisie]

@ZimojaL

[Msizi @msizinkumane]

I wonder why the "Twitter celebrities " aren't made law makers / morals guardians?

[Man’s NOT Barry Roux @AdvoBarryRoux]

This is how they pack the snacks you eat all over South Africa.

[Msizi @msizinkumane]

@GEPF_SA we cant log in

[Msizi @msizinkumane]

Another pandemic is that an idiot with million followers and billion tweets per day thinks he/she is smarter than everyone with less tweets and followers. Some of the intellectuals just read n pass

[Msizi @msizinkumane]

@PresidencyZA @DBE_KZN @kzngov I am a GR12 Maths educator in KZN at Mondlo township, 7h00-15h30 are my normal hours, 15h30-17h30 I do extra hours with supp students. At 19h00-23h00 there is loadshedding. How do u expect us to plan for next lessons under these conditions?

[Freedom Mukanga @freedommukanga]

@MrBlackOG

[ChrisExcel @ChrisExcel102]

The problem we facing in schools ..

#TeenagePregnancy

[ChrisExcel @ChrisExcel102]

As you grow up and sleep with different women

You will realise that weak erection and low sex depends on a woman you are with

Kunamantazane ungaphindeki naturally 😭😭😭

ubhebha once 🍆… lilale pipi ngathi ushawe Police forum till morning 😭😭

[Msizi @msizinkumane]

@CellC why is it that when I use free/ bonus airtime & data the data connection becomes super slow to a point where some apps timeout without opening, but when using the purchased data the network speed becomes faster?

[Msizi @msizinkumane]

Post your wife without make up

[Msizi @msizinkumane]

@KingDon_za I know ladies who will take three packs and put them into their bags as they currently do with takeaways

[Nkele Mogono @MogonoNkele]

SIU must investigate UNISA - things that are happening in that institution are shocking. 😳😳😳😳