The court had to decide, on a preponderance of probability, if a customary marriage had been concluded. The negotiations were concluded. The lobolo was paid and gifts to the satisfaction of the family were handed over. The celebration of the marriage took place when the sheep was slaughtered at the homestead with the family members of both families in attendance. The handing over of the bride to the family was celebrated when the plaintiff was presented to the family at their homestead by the second witness who acted as an emissary with the drinking of beer and eating of porridge and the consumption of meat.
In the absence of any evidence to the contrary, a valid customary marriage had been concluded
TONKIN CLACEY PRETORIA
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