Lobola is not a requirement for your marriage to be recognized as a marriage in terms of the Recognition of Customary Marriages Act 120 of 1998.

Lobola is a must in our African culture, I mean I am Sotho and if I were to get married, I can promise you, my father would ask for Lobola. My partner’s family would have to write a letter to my family requesting for my hand in marriage and a meeting would be arranged for the two families to enter into negotiations. As soon as the date is arranged, the Lobola negotiations will take place.

Please bear this in mind, if my partner decides to pay one-half of the amount that was requested and decides to pay the balance at a later stage, My family would refuse to recognize him as my husband.

However, in terms of section 3 of the said Act, both my partner and I are above the age of 18, we are clear about our intentions to get married to each other, our marriage was negotiated and entered into or celebrated in terms of customary law.

Fast forward to 2050, my partner and I decide to go our separate ways, will the court still recognize our marriage?

The answer is yes the Court will recognize our marriage as valid in terms of the Recognition of Customary Marriages Act 120 of 1998, irrespective of whether or not the Lobola amount was paid in full, and as long as we have complied with section 3 of the said Act 120 of 1998.