Mediamec The long-running divorce battle between acclaimed DJ and producer Black Coffee and actress Enhle Mbali Mlotshwa is far from settled, with the Supreme Court of Appeal (SCA) set to re-examine key aspects of the case later this year.
After more than six years of legal disputes, the controversy surrounding the couple’s alleged customary marriage and antenuptial contract will once again be under judicial scrutiny. This follows Black Coffee being granted leave to appeal a ruling of the Gauteng High Court in Johannesburg.
In granting the appeal, the High Court noted that the matter raises important questions of law with broad application, particularly in light of conflicting judgments on similar issues. The court held that these questions now require final determination by the SCA.
Black Coffee is challenging portions of an October judgment which found that he and Mlotshwa entered into a valid customary marriage in May 2011. The court further ruled that the marriage was in community of property and that the civil marriage the couple concluded in January 2017 was legally invalid.
According to Black Coffee, Acting Judge M. Ntanga erred in concluding that a valid customary marriage existed and in declaring the later civil marriage void. He also disputes the court’s decision to award Mlotshwa spousal maintenance, arguing that such entitlement must be properly established before maintenance can be ordered.
He maintains that the issues decided in the main judgment are significant and that there is a reasonable prospect the SCA may reach a different conclusion. On the issue of maintenance, Black Coffee contends that Mlotshwa failed to prove financial need, the appropriate amount, or the duration of maintenance, adding that she already receives substantial regular payments.
Mlotshwa opposed the application for leave to appeal, arguing that Black Coffee raised new issues that were not supported by evidence during the trial. She maintained that the evidence demonstrated full compliance with customary law requirements and that his involvement in family negotiations and traditional rituals clearly showed consent to a customary marriage.
She further argued that the court correctly emphasised the need for customary law to reclaim its rightful place alongside other legal systems, and that the appeal therefore has no reasonable prospects of success.
On spousal maintenance, Mlotshwa said she had provided detailed evidence during the trial regarding her financial needs, explaining that her acting career had been placed on hold during the marriage. She outlined her income, expenses, health challenges, household costs, and bank transactions, and argued that the court arrived at a fair and reasonable maintenance award. She also noted that, given her age, her peak years as an actress had passed.
In his ruling granting leave to appeal, Judge Ntanga observed that Black Coffee continued to dispute consent to a customary marriage, relying on the argument that the couple’s engagement signified an intention to enter into a civil marriage. He also pointed to the antenuptial contract and subsequent civil marriage as evidence of that intention.
However, the judge noted that the central issue remains whether both parties consented to be married under customary law.
“This goes to the heart of whether the applicant has prospects of success, should another court find that there was no intention to be married in terms of customary law,” Judge Ntanga said.
The final word on the matter now rests with the Supreme Court of Appeal.
The long-running divorce battle between acclaimed DJ and producer Black Coffee and actress Enhle Mbali Mlotshwa is far from settled, with the Supreme Court of Appeal (SCA) set to re-examine key aspects of the case later this year.
After more than six years of legal disputes, the controversy surrounding the couple’s alleged customary marriage and antenuptial contract will once again be under judicial scrutiny. This follows Black Coffee being granted leave to appeal a ruling of the Gauteng High Court in Johannesburg.
In granting the appeal, the High Court noted that the matter raises important questions of law with broad application, particularly in light of conflicting judgments on similar issues. The court held that these questions now require final determination by the SCA.
Black Coffee is challenging portions of an October judgment which found that he and Mlotshwa entered into a valid customary marriage in May 2011. The court further ruled that the marriage was in community of property and that the civil marriage the couple concluded in January 2017 was legally invalid.
According to Black Coffee, Acting Judge M. Ntanga erred in concluding that a valid customary marriage existed and in declaring the later civil marriage void. He also disputes the court’s decision to award Mlotshwa spousal maintenance, arguing that such entitlement must be properly established before maintenance can be ordered.
He maintains that the issues decided in the main judgment are significant and that there is a reasonable prospect the SCA may reach a different conclusion. On the issue of maintenance, Black Coffee contends that Mlotshwa failed to prove financial need, the appropriate amount, or the duration of maintenance, adding that she already receives substantial regular payments.
Mlotshwa opposed the application for leave to appeal, arguing that Black Coffee raised new issues that were not supported by evidence during the trial. She maintained that the evidence demonstrated full compliance with customary law requirements and that his involvement in family negotiations and traditional rituals clearly showed consent to a customary marriage.
She further argued that the court correctly emphasised the need for customary law to reclaim its rightful place alongside other legal systems, and that the appeal therefore has no reasonable prospects of success.
On spousal maintenance, Mlotshwa said she had provided detailed evidence during the trial regarding her financial needs, explaining that her acting career had been placed on hold during the marriage. She outlined her income, expenses, health challenges, household costs, and bank transactions, and argued that the court arrived at a fair and reasonable maintenance award. She also noted that, given her age, her peak years as an actress had passed.
In his ruling granting leave to appeal, Judge Ntanga observed that Black Coffee continued to dispute consent to a customary marriage, relying on the argument that the couple’s engagement signified an intention to enter into a civil marriage. He also pointed to the antenuptial contract and subsequent civil marriage as evidence of that intention.
However, the judge noted that the central issue remains whether both parties consented to be married under customary law.
“This goes to the heart of whether the applicant has prospects of success, should another court find that there was no intention to be married in terms of customary law,” Judge Ntanga said.
The final word on the matter now rests with the Supreme Court of Appeal.
The long-running divorce battle between acclaimed DJ and producer Black Coffee and actress Enhle Mbali Mlotshwa is far from settled, with the Supreme Court of Appeal (SCA) set to re-examine key aspects of the case later this year.
After more than six years of legal disputes, the controversy surrounding the couple’s alleged customary marriage and antenuptial contract will once again be under judicial scrutiny. This follows Black Coffee being granted leave to appeal a ruling of the Gauteng High Court in Johannesburg.
In granting the appeal, the High Court noted that the matter raises important questions of law with broad application, particularly in light of conflicting judgments on similar issues. The court held that these questions now require final determination by the SCA.
Black Coffee is challenging portions of an October judgment which found that he and Mlotshwa entered into a valid customary marriage in May 2011. The court further ruled that the marriage was in community of property and that the civil marriage the couple concluded in January 2017 was legally invalid.
According to Black Coffee, Acting Judge M. Ntanga erred in concluding that a valid customary marriage existed and in declaring the later civil marriage void. He also disputes the court’s decision to award Mlotshwa spousal maintenance, arguing that such entitlement must be properly established before maintenance can be ordered.
He maintains that the issues decided in the main judgment are significant and that there is a reasonable prospect the SCA may reach a different conclusion. On the issue of maintenance, Black Coffee contends that Mlotshwa failed to prove financial need, the appropriate amount, or the duration of maintenance, adding that she already receives substantial regular payments.
Mlotshwa opposed the application for leave to appeal, arguing that Black Coffee raised new issues that were not supported by evidence during the trial. She maintained that the evidence demonstrated full compliance with customary law requirements and that his involvement in family negotiations and traditional rituals clearly showed consent to a customary marriage.
She further argued that the court correctly emphasised the need for customary law to reclaim its rightful place alongside other legal systems, and that the appeal therefore has no reasonable prospects of success.
On spousal maintenance, Mlotshwa said she had provided detailed evidence during the trial regarding her financial needs, explaining that her acting career had been placed on hold during the marriage. She outlined her income, expenses, health challenges, household costs, and bank transactions, and argued that the court arrived at a fair and reasonable maintenance award. She also noted that, given her age, her peak years as an actress had passed.
In his ruling granting leave to appeal, Judge Ntanga observed that Black Coffee continued to dispute consent to a customary marriage, relying on the argument that the couple’s engagement signified an intention to enter into a civil marriage. He also pointed to the antenuptial contract and subsequent civil marriage as evidence of that intention.
However, the judge noted that the central issue remains whether both parties consented to be married under customary law.
“This goes to the heart of whether the applicant has prospects of success, should another court find that there was no intention to be married in terms of customary law,” Judge Ntanga said.
The final word on the matter now rests with the Supreme Court of Appeal.
