provid similer case
"The importance of generosity in adjudication was shown in several case laws, including that of Muvhali v Lukhele, where the court’s ruling showed fair judgement by the recognising marriages in a more flexible way in order to protect the marital status and rights of the applicant after her partner, Khethuhuthula died. This case is about a couple that started dating in university, started staying together in 2014 until the deceased proposed to marry the applicant by customary law in 2016, which their families accepted. The deceased payed part of Lobola, and then celebrated on the day as claimed by the applicant. She stated that she started being recognised as Makoti by deceased's family. Prior his death, the deceased affirmed the applicant as his wife through a WhatsApp where he said that he bequeathed all his asserts to her should he die or become incapacitated.
After his death, the applicant claimed that their customary marriage is a valid in terms of section 3 of the Recognition of Customary Marriage Act, 120 of 1998, however, the respondents claimed that she is not since the requirements of valid marriage as stated in the Act were not met. After considering all the facts and evidence provided by both parties, the court decided in favour of the applicant, stating that Customary Law has important qualities, including generosity, which in this case will be considering the context of the situation and the wishes of the testator.
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A similar case to Muvhali v Lukhele is the case of Mthembu v Letsela. In this case, the court also showed the importance of generosity in adjudication by recognizing a customary marriage in a more flexible way in order to protect the rights and status of the applicant.
In Mthembu v Letsela, the couple had been in a committed relationship for many years and had lived together as husband and wife. They had also performed the customary rites and ceremonies required for a valid customary marriage. However, they had not registered their marriage in accordance with the requirements of the Recognition of Customary Marriages Act.
After the death of the husband, the wife claimed that she should be recognized as his legal wife and be entitled to inherit his assets. The family of the deceased argued that their union was not a valid customary marriage as they had not complied with the formal requirements of the Act.
The court considered the evidence presented by both parties and acknowledged the importance of generosity in recognizing customary marriages. The court held that the couple had fulfilled all the essential requirements of a customary marriage and that their union should be recognized as valid. The court emphasized the significance of protecting the rights and status of the wife and ensuring that she was not left destitute after the death of her husband.
By recognizing the importance of generosity in adjudication, the court in Mthembu v Letsela demonstrated that the law should be applied in a way that is fair and just, taking into account the unique circumstances and needs of the individuals involved.