Lobolo is a beautiful celebration of the African culture, it is the coming together of two families. With the evolution of time, African customs have also had to adapt and consider what the law says in its application.

What does the law say about lobolo?

>     In terms of the Recognition of Customary Marriages Act, the following requirements must be met before a couple will be considered to be married in accordance with customary law (“customary marriage”):

-      The customary marriage must be negotiated, entered into or celebrated in accordance with customary law. This means that the customary marriage must be entered into in line with the traditions and customs of the husband and the wife, for example:

        -           the two families must consent to the marriage;

        -           lobolo must be given; and/or

        -           the future wife must be handed over to the family of the future husband.

-      The couple must be 18 years or older (parental consent is required if they are below the age of 18).

-      The couple must also be competent to marry each other, meaning that they must not be blood relatives. For example, a brother and sister are not allowed to marry each other.

-      The couple must consent to the marriage. For example, if the future husband did not give his consent to enter into a customary marriage, but already gave lobolo, then no valid customary marriage exists.

>     Even though lobolo is not specifically mentioned in legislation as a requirement for a valid customary marriage, it helps to show that a customary marriage has been negotiated, entered into or celebrated in accordance with customary law. This means that a customary marriage will not necessarily be invalid if lobolo was not given.

South Africa is a diverse and multi-cultural country with each culture having its own traditions. When it comes to lobolo, each culture follows its own traditions, however, the ultimate goal is the coming together of two families. There are various aspects to consider when dealing with lobolo, especially considering the different cultures' traditions, and it is important to ensure that the negotiations are done properly to avoid any disputes in the future. A lobolo agreement can help to get the families on the same page and to pen down what has been agreed to during the negotiations. 

We have a legal document that has you covered during the lobolo negotiations. Create your own Lobolo Agreement using our Online Contract Creator, click here  or visit www.legalwise.co.za

Did you know…Our Self-Service Contract Creator will produce a ready to use Lobolo contract immediately after being created.