DJ Black Coffee obtained leave to appeal an earlier judgment against findings of a customary marriage between him and Enhle Mbali Mlotshwa. After more than six years of legal struggles, the couple’s customary marriage and antenuptial contract dispute will once again come under the judicial spotlight after Black Coffee obtained leave to appeal the matter. The Gauteng High Court, Johannesburg, said in light of the question of law of importance and general application, including the conflicting judgments on the subject matter, the SCA must now resolve the issues.
Black Coffee is set on appealing part of the ruling issued in October last year, in which it was found that he and his wife had entered into a valid customary marriage in May 2011. It was found at the time that the marriage was in community of property and that their civil marriage concluded in January 2017 was legally void. According to Black Coffee, Acting Judge M Ntanga erred in finding that he and his wife entered into a valid customary law marriage in May 2011 and that their subsequent civil marriage is invalid.
Another point of appeal is that the court earlier erred in awarding Mlotshwa spousal maintenance. He argued that the issues concluded in the main judgment are of considerable importance and that there is a reasonable prospect that the SCA will come to a different conclusion. Regarding the order that he had to pay her maintenance, he argued that entitlement to maintenance must first be shown before a decision is made.
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According to him, there was no factual basis for his wife’s claim as she failed to show need, quantum, and duration. He said that substantial amounts are paid regularly to her. In opposing the leave to appeal application, Mlotshwa argued that Black Coffee raised new points that were not adduced as evidence during trial proceedings. She said the evidence showed clear compliance with customary law requirements and that his participation in family processes and rituals demonstrated consent.
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