(South Africa 🇿🇦)Penuel Mlotshwa’s Viral Warning: Why Black Coffee’s Divorce Is A Legal 'Lesson' For Every Couple Paying Lobolo
As the dust settles on the highly publicized divorce between global DJ Black Coffee (Nkosinathi Maphumulo) and actress Enhle Mbali Mlotshwa, commentator Penuel Mlotshwa has seized the moment to deliver a crucial and chilling lesson on the pitfalls of South African customary marriage law.
Mlotshwa’s detailed thread, which quickly went viral, expressed sympathy for the Grammy winner while using the ruling as a stark example for anyone planning to marry traditionally.
“I feel sorry for Black Coffee, but let this be a lesson to everyone who wants to get married,” Mlotshwa began.
The Lobolo Precedent
Mlotshwa’s core argument centers on the timing and legal weight of lobolo (traditional bride price) payments under the Recognition of Customary Marriages Act.
He detailed how the court interpreted Black Coffee’s payment of the amalobolo as the official commencement date of their customary marriage. Crucially, this date automatically dictated the matrimonial property regime, overriding subsequent contracts.
“Coffee paid amalobolo, which the court interpreted as the official start date of their customary marriage,” Mlotshwa stated, before delivering the essential takeaway: “Note: as soon as you pay even R100 in ilobolo, the courts deem you married customarily AND automatically in community of property.”
Pre-Nups Deemed Invalid
The second seismic legal lesson Mlotshwa derived from the ruling concerned the invalidation of the couple’s post-lobolo antenuptial contract (pre-nup).
Mlotshwa reported that the court set aside the pre-nup, ruling that Enhle Mbali Mlotshwa "was misled & lacked legal advice." Because the pre-nup was voided, the marriage's default setting—in community of property—stood firm, securing Enhle Mbali's right to an equal share of the estate and spousal maintenance.
Penuel Mlotshwa concluded with a definitive warning that has sent ripples through legal circles and social media alike: “The fact that courts can also override pre-nups (ante-nuptial contracts), means that those with them are no longer automatically protected.”
For South African couples navigating the complex legal landscape that merges tradition and civil law, Penuel Mlotshwa's viral analysis serves as an urgent reminder: intending to marry out of community of property requires legal counsel and the execution of a pre-nup before any step, even the smallest token of lobolo, is completed.
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