The Constitutional Court of South Africa has issued a judgment that affects how property is handled in marriages that start as customary and later become civil. The court looked at a case called VVC v JRM and Others. It decided not to confirm a high court order that said part of the Recognition of Customary Marriages Act was against the constitution.
The ruling states that a civil marriage does not end a prior customary marriage. Instead, it combines them into one marriage under civil law. To change the property system from community of property, couples must get court approval under the Matrimonial Property Act. A private antenuptial contract alone is not enough.
This decision aims to protect spouses, especially women who may be in weaker positions. It addresses past inequalities in how customary marriages were treated.
The judgment relates to the divorce between DJ Black Coffee, whose real name is Nkosinathi Maphumulo, and actress Enhle Mbali Mlotshwa. In October 2025, the Johannesburg High Court found their 2011 customary marriage valid and in community of property. It ruled their 2017 civil marriage and antenuptial contract null and void.
Black Coffee has been granted leave to appeal that high court decision to the Supreme Court of Appeal. He wants to challenge the finding that the marriage is customary and in community of property.
The Constitutional Court’s ruling supports the need for court oversight in changing property regimes. This aligns with the high court’s decision in the Black Coffee case, where the antenuptial contract lacked such approval.
Public reactions on social media vary. Some posts celebrate the outcome as a win for Enhle Mbali, suggesting she benefits from the community of property rule. Others note it could favor Black Coffee by allowing property changes with proper steps.
The case highlights the equal status of customary and civil marriages in South Africa. It ensures changes to property rights are done fairly.
