I only learned this because Black Coffee got divorced. The more people I spoke to about it, the more I realised how few people know about it. If lobola has been paid, your property might already be co-owned. So I spoke to Cor van Deventer, a conveyancer at VDM... Attorneys, to unpack what most South Africans are getting wrong. Traditional marriages are legally recognised under the Recognition of Customary Marriages Act of 1999. Once lobola is paid, you are legally married. If no antenuptial contract was signed before lobola was paid, this means that if you jointly own a house and get divorced, you guys remain halvies on the house. Whether Home Affairs paperwork exists or not is irrelevant. That is the part almost nobody plans for. If you want to protect your real estate assets, an antenuptial contract must be signed before the lobola ceremony concludes. The Black Coffee divorce tested this in court, and just yesterday the Constitutional Court confirmed it: antenuptial contracts signed after a customary marriage are not valid. If you are getting married under customary law, treat the legal advice as part of the ceremony and not an afterthought. Even when romance fades, paperwork lasts forever🖤show more

Imagine building a Multi-Million Rand Portfolio only to realize you’re running on an Automatic Co-Ownership Script because you forgot to sign a document before the braai. 🤫💾

@TechChiefsZA Something like that😅

@itsunclevibes @Askash Lobola is basically saying I give up this half and from now on this half is yours

If you are an uncle and your nephew comes to you for help to assist with lobola for his wife to be, please 🙏🏽 make sure you know about such and advice properly because this is where things fall through the cracks. Uncle's update yourselves please 🙏🏽

Agreed. Having your family guide you through this would be so supportive.

Very important

Imagine bringing that in a conversation while the love is still burning...awkward

One of my clients always used to say, “when the money walks out the front door, love jumps out the back window”😅

🤣🤣🤣 Can we make for richer or poorer Great Again!

Hahahahaha

"Once lobola is paid, you are legally married." Which court judgment says this?

What about his latest purchase?

He bought it in a company, so probs won't count. Also, he bought it after the divorce.

Interesting. Is this applicable even if no celebration took part, I recall this to be an important consideration, yes?

Great question. I chatted with Cor from @vdmattorneys about this. He said: The courts found that while lobola (bride price) was paid and she was welcomed, the "handing over" ceremony, in modern constitutional South Africa, could be tacitly waived or had evolved from its rigid pre-colonial form, with the Recognition of Customary Marriages Act (RCMA) requirements being paramount. Which basically means… The court said that the old-style, formal “handing over” ceremony (where the bride is officially transferred to the groom’s family) is no longer an absolute must in today’s South Africa. That step can be skipped or replaced by how the families actually behaved. What matters most now is whether the marriage meets the legal requirements of the Recognition of Customary Marriages Act (RCMA), not whether every traditional ritual was performed exactly as it used to be generations ago.

@mongeasy @vdmattorneys This is false Ash. I had to provide evidence - photos etc that there was celebration and handing over ceremony during my divorce. Since we never signed and didn’t have a marriage certificate.

Thanks Sibongile. If you don’t mind me asking, when was this, in terms of year?

Did she get the Clifton house🤣

Lol! He bought that after the divorce, so no.

@costakonti1 @grok when was the divorce for this matter finalized?

@Askash @costakonti1 The divorce between Black Coffee and Enhle Mbali was reportedly finalized on October 10, 2025, as announced by Enhle. However, appeals continued, leading to a Constitutional Court ruling on January 21, 2026, invalidating post-customary marriage antenuptial contracts.

Damn didn’t know this

Now you know - Ask Ash😅👍

Helpful to know.

🙏

It is common sense really.

@MarcellMar27803 Not necessarily. I was fascinated when I got educated about it all.

Most want to undo that. The question is what is the path then ? Cos no one talks about that. So you’ve paid lobola but you both don’t want community of property. If it’s not a prenup, what must be done??

Yet another reason not to get married, in any shape or form.

Very interesting especially with the Concourt ruling yesterday

Thank you so much for your time in getting this information out there. Such an important topic for South Africans to understand 🙌

Definitely is

No, Ash. Lobola does not = marriage. There are other requirements of the RCMA that still need to be met before the pronounces on the validity of a valid customary marriage.

Interesting, thanks Ash!

I think so too

Knowledge is power

Always.

Thanks Ash 😊

You're welcome.

Paying lobola alone doesn’t mean that the people are married Lobola is deemed concluded once it is paid and Celebrated by both parties In other words, if the groom sends people to negotiate lobola on his behalf, and they pay something. The marriage is not yet concluded

We keep learning each day. Thanks Ash for the info🙏🏾

You’re welcome 🙏

My question is why do lawyers let couples sign prenuptial agreements after customary marriage @ConCourtSA

Thank you, never knew...

Now you know, Ask Ash😅

Interesting times indeed! That said, Enhle was one of the lucky ones. If post-lobola prenup is no longer valid, a spouse who has taken debt in their own name can force this to be shared by simply leaving the marriage. We know that people are drowning in debt at a rising rate.

Thanks to Black Coffee for doing this for the nation. Historic 😭😭🤌🤣🤣

Lobolo or lumalo is crucial element of customary marriage but lobolo alone isn't enough.

Insightful discussion as always, Cor and Ash! 💪🏻

I am glad you find it insightful👏 I am going to be doing more with the guys at VDM this year. Plenty of invaluable property insight to be shared.

Lobola is not marriage in Zulu culture,it’s a private meeting between two families where a male visit a female family to ask for her hand in marriage! This is the problem we’re facing as Africans if we have people with zero understand of our culture making decisions for us.

We live in modern times. DHA signing should be the ultimate contract when it comes to Assets The law seems to prejudice our African systems were lobola is paid and you get punished for it. Marriage = Lobola* + DHA *(Lobola being optional to other cultures)

No man under the sun would mind co owning their properties and assets if the woman is in his life and closing that gap of a woman in a man's life. The problem is that women have made it clear that being a woman in a man's life is slavery, women are now also men in a men's lives, that defeats the whole point of getting married.

👀👀👀👀

Africans know this because they are reminded all the time. I bought a house right after lobola and before the wedding celebrations. And the lawyers made sure I understand that.

@ThulaneGibson

So if I'm in huge debt & had paid lobolo but broke up she is also on the hook for my debt even if she's married to another guy

I guess Black Coffee matter is now settled. Hey Ash, are you expecting lobola anytime soon?😁

Im confused so I paid lobola then got married 2 years later and we paid a lawyer signed a contract for our white wedding so that contract is not valid because we didnt sign any contract during lobola??? Is that what this means