The Constitutional Court has delivered a landmark judgement clarifying that antenuptial contracts signed after the conclusion of a customary marriage cannot override the legal consequences of that union, particularly in relation to the protection of a joint estate.
The ruling comes as Grammy Award winning DJ Black Coffee, born Nkosinathi Maphumulo, prepares to challenge aspects of his divorce judgement at the Supreme Court of Appeal. He is opposing a ruling that his marriage to actress Enhle Mbali Mlotshwa falls under customary law, despite the couple signing an antenuptial contract several years after their traditional wedding.
Maphumulo is also contesting an order that awarded spousal maintenance to his former spouse.
What The Constitutional Court Ruled
On Wednesday, 21 January, the Constitutional Court handed down a significant judgement dealing with the legal status of antenuptial contracts in customary marriages.
The court confirmed that customary marriages are legally equivalent to civil marriages and are, by default, marriages in community of property. As a result, an antenuptial contract signed after a customary marriage has been concluded cannot override customary law or change the marital property regime.
The court ruled that antenuptial contracts are only valid if they are entered into before a customary marriage is finalised. Where such a contract is signed after the marriage, it is regarded as a postnuptial agreement and requires court approval to have legal effect.
The judgement emphasised the importance of protecting the economically vulnerable spouse, particularly where agreements signed after a customary marriage could strip one party of rights to assets forming part of the joint estate.
Case That Shaped The Ruling
The court referred to the case of a couple identified as JRM and VVC. In that matter, the husband sought to enforce an antenuptial contract signed after their customary marriage. The wife argued that the agreement resulted in her losing ownership rights to assets registered in her husband’s name, despite those assets forming part of the joint estate created by their customary union.
The court found that enforcing such agreements without judicial oversight undermines the protection afforded to spouses under customary law.
Black Coffee And Enhle Mbali Divorce Dispute
Earlier this month, Black Coffee confirmed his intention to approach the Supreme Court of Appeal to challenge parts of his divorce ruling involving Enhle Mbali Mlotshwa.
The DJ is disputing a finding that their marriage should be classified as a customary marriage and therefore in community of property, despite the signing of an antenuptial contract years after their traditional ceremony.
The 49 year old has been ordered to pay R67 167 per month in spousal maintenance to Mlotshwa until her death or remarriage. He has also been directed to pay R25 000 per month in child support for each of their two children.
In his court papers, Maphumulo argued that his former spouse should provide a detailed explanation justifying her entitlement to spousal maintenance before a final decision is made.
The outcome of the appeal is expected to further test how the Constitutional Court ruling is applied in high profile divorce matters involving customary marriages.
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