In a precedent-setting judgment, the Johannesburg High Court has ruled that Enhle Mbali Mlotshwa’s customary marriage to music star Black Coffee (Nkosinathi Maphumulo) is valid and legally supersedes their later civil union. The decision means their entire estate will be divided equally, as the customary marriage was automatically in community of property.
The legal battle centered on a crucial sequence of events. The couple entered into a valid Zulu customary marriage in 2011. Six years later, in 2017, they had a civil “white wedding” with an antenuptial contract designed to exclude the community of property regime. Black Coffee argued this later civil marriage replaced the earlier customary one.
The court, however, upheld Mlotshwa’s claim that their 2017 antenuptial contract was invalid. According to the Recognition of Customary Marriages Act (RCMA), changing the property system of an existing marriage requires a court-approved postnuptial contract, which they did not obtain. Therefore, the default system of in community of property, established by their 2011 customary marriage, remained in force.
Legal scholar Anthony Diala explains that the ruling sends a powerful message about the equality of marital systems in South Africa. It clarifies that a later civil marriage does not automatically override a customary marriage, and that both types of unions carry the same default legal consequences unless formally and correctly altered with judicial oversight.
The judgment is seen as a significant victory for the protection of spousal rights, particularly for women in customary marriages, preventing their financial interests from being undermined by subsequent, improperly executed contracts.
