When laws governing marriage collide

Black Coffee and Enhle ruling sends a clear message: customary and civil marriages are of equal legal standing

SOUTH AFRICAN actress and businesswoman Enhle Mbali Mlotshwa has won a victory in the Johannesburg High Court.  It ruled that her customary marriage to music star Nkosinathi “Black Coffee” Maphumulo was valid, declaring their later civil marriage and antenuptial contract null and void.

Mlotshwa is now legally entitled to half of the couple’s vast estate.

In this article, the author—a scholar of legal pluralism and specialist in customary law marriage—answers a number of questions arising from this case concerning the various pieces of legislation governing marriage in South Africa.

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