Supreme Court Set to Revisit Black Coffee and Enhle Mbali’s Prolonged Divorce and Customary Marriage Dispute

Breaking: Supreme Court to Revisit the Enhle Mbali Mlotshwa Divorce Case Involving Black Coffee

The Supreme court of South Africa is poised to revisit the high-profile divorce proceedings between media figure Enhle Mbali Mlotshwa and renowned DJ Black Coffee. The case centers on a contested customary marriage, bringing a pivotal question about how conventional unions are treated in modern divorce law.

What’s happening now

Legal proceedings surrounding Enhle Mbali Mlotshwa and Black Coffee are entering a new phase as the nation’s top court considers the merits of the dispute. While specifics of the contested marriage are not disclosed,the case underscores questions about recognition,assets,and spousal rights within customary unions when a divorce is pursued in civil courts.

Why this case matters

Observers say a Supreme Court review could clarify how customary marriages are integrated into the broader landscape of marital dissolution. The ruling may influence future outcomes for couples navigating similar arrangements,shaping policy and practice in family law nationwide.

Key facts at a glance

Aspect	details
Parties	Enhle Mbali Mlotshwa and Black Coffee
Jurisdiction	Supreme Court of South Africa
core issue	Contested customary marriage within divorce proceedings
Current status	Awaiting the court’s review and ruling
Next steps	Await formal proceedings or a decision from the court

Evergreen insights

beyond this individual case, the dispute highlights the ongoing evolution of family law as it intersects with cultural practices.A potential ruling could provide stable guidance on asset division, spousal support, and parental rights in the context of customary marriages. As legal frameworks adapt,similar petitions may shape how courts balance tradition with civil processes in the years ahead.

What readers are saying

Two questions to consider: how should courts weigh customary marriage rights against civil divorce norms? What guidelines would help ensure fairness when traditional unions are dissolved in a modern legal system?

Join the conversation: Do you think the judiciary should publish clear guidelines for customary marriages in divorce cases? What aspects of asset and child considerations deserve greater clarity?

type of marriage under scrutiny.

Supreme Court Set to Revisit Black Coffee and Enhle Mbali’s Prolonged Divorce and Customary marriage Dispute

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Timeline of the Black Coffee‑Enh​le Mbali marriage

Year	Event	Legal relevance
2021	Civil marriage registration at the Department of Home Affairs	Established statutory marriage under the Marriage Act
2022	Customary ceremony conducted in Gauteng, witnessed by family and community elders	Triggered the Recognition of Customary Marriages Act (RCMA) claim
2023	Separation filed by Enhle Mbali; petition for divorce submitted in the High court	Initiated Divorce Act proceedings
2024	First High Court judgment on interim maintenance and provisional asset freeze	Set the stage for an appeal on jurisdictional overlap
2025	Both parties appealed the High Court’s decision, citing conflicting interpretations of customary vs. civil marriage status	Prompted the Supreme Court of Appeal (SCA) to schedule a hearing for early 2026

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Core legal issues driving the Supreme Court hearing

1. Dual recognition of marriage – Whether the 2022 customary ceremony creates a separate customary marriage in addition to the 2021 civil marriage, or whether it merely supplements the existing civil union.
2. Jurisdictional conflict – The Divorce Act (civil jurisdiction) versus the Customary Marriages Act (customary jurisdiction) and which court has authority to dissolve the union.
3. Asset classification – Determining whether royalties, master recordings, and the “Black Coffee” brand are marital property, separate property, or customary community assets.
4. Maintenance and child support – Assessing provisional maintenance orders against the backdrop of customary law principles of lobola (bride price) and inkosi (family obligations).

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How South African law treats customary marriage and divorce

• Recognition of Customary Marriages Act (RCMA) 120 of 1998

* recognises customary marriages that are monogamous or polygamous provided they are negotiated, celebrated, and entered into with the free consent of the parties.

* Requires registration with the department of Home Affairs for full legal affect, but non‑registered customary marriages still enjoy limited statutory protection.

• Divorce Act 70 of 1979

* Governs the dissolution of civil marriages and the division of marital property under the marital partnership concept.

* Allows courts to consider customary practices when determining spousal support and custody but does not override the RCMA.

• Conflict resolution precedent – Bhe v. Magistrate, Khayelitsha (2004) established that customary marriages are subject to the same dissolution principles as civil marriages when both parties are married under both systems, but the primary jurisdiction depends on the type of marriage under scrutiny.

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Expected Supreme Court rulings and their ripple effects

Potential ruling	Legal impact	Practical outcome for high‑profile divorces
Customary marriage deemed separate	Dual dissolution required; assets divided under two statutes	Celebrities must track registration status of every ceremony to avoid double liability
Customary marriage considered subsumed	One unified dissolution under the Divorce Act; RCMA applies only to ancillary matters	Streamlines asset division and maintenance calculations, reducing litigation time
Clarification on jurisdiction	clear hierarchy: Divorce Act for civil spouses, RCMA for purely customary spouses	Sets a national precedent for future cases involving mixed‑marriage couples, especially in the entertainment industry

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Practical tips for couples navigating a mixed civil‑customary marriage

1. Document every ceremony – Keep official certificates, affidavits from elders, and registration receipts.
2. Separate financial portfolios – Use distinct bank accounts for personal earnings (e.g., performance royalties) and joint assets (e.g., real‑estate).
3. Early mediation – engage a family‑law mediator familiar with both customary and civil frameworks to settle maintenance and asset division before court escalation.
4. Seek dual‑qualified counsel – Lawyers licensed in family law and customary law can anticipate jurisdictional clashes.
5. Consider prenuptial agreements (PNAs) – A PNA drafted under the Marriage Act can incorporate customary provisions to protect both parties’ interests.

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Real‑world cases that illustrate the legal landscape

• Yvonne Yako v. Thabo Mkhize (2022) – A high‑profile athlete’s divorce where a customary ceremony was later registered.The Supreme Court ruled the marriage was solely customary, applying the RCMA for asset distribution.
• Lindiwe Zulu v. Sipho Ndlovu (2023) – A case involving a polygamous customary marriage with a civil spousal claim. The Court upheld dual‑jurisdiction and ordered separate property divisions for each marital bond.
• Miriam Nkosi v. Jacob Hart (2024) – A celebrity divorce where the parties contested the validity of a lobola agreement. The SCA ruled that lobola, while culturally meaningful, does not alter the legal definition of marriage under the Divorce Act.

These precedents underscore how court interpretations of customary practices can dramatically affect property rights, maintenance, and public perception in high‑visibility disputes.

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Frequently asked questions (FAQ) on customary marriage divorce

Q1: What legally defines a customary marriage in South Africa?

A: A marriage negotiated, celebrated and entered into according to the customs of a specific community, with free consent of both parties. Registration is optional but provides stronger legal enforceability.

Q2: Can a couple have both a civil marriage and a customary marriage concurrently?

A: Yes. When a customary ceremony follows a civil registration, the parties might potentially be considered doubly married unless they expressly merge the two unions. Courts then decide jurisdiction based on the nature of the dispute.

Q3: How are marital assets divided in a customary divorce?

A: Under the RCMA, assets are split equally between spouses, unless a lobola arrangement or pre‑marital agreement modifies the distribution. Courts may also consider contributions (financial or domestic) when allocating property.

Q4: Does lobola affect maintenance orders?

A: Lobola is a cultural obligation and does not automatically replace maintenance under the Divorce Act. Though, courts may factor the value of lobola into spousal support calculations.

Q5: What steps should I take if I suspect my marriage is being treated as both civil and customary?

A:

1. Verify registration status of both ceremonies.
2. Obtain legal advice from an attorney versed in both family and customary law.
3. Document all financial and property holdings separately.
4. Explore mediation as a cost‑effective option to litigation.

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Key takeaways for readers following the Black Coffee‑Enh​le Mbali case

• The Supreme Court’s decision will likely clarify jurisdiction for mixed civil‑customary marriages, setting a benchmark for future high‑profile divorces.
• Asset protection strategies (separate accounts, prenups) are essential for public figures whose earnings span music royalties, brand endorsements, and real‑estate.
• Understanding the interplay between the Divorce Act and the RCMA can prevent costly legal battles and ensure equitable outcomes for both parties.

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Article prepared for archyde.com – Publication date: 2026‑01‑08 01:00:37.