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Lobolo or lobola in Zulu, Swazi,
Xhosa Xhosa may refer to: * Xhosa people, a nation, and ethnic group, who live in south-central and southeasterly region of South Africa * Xhosa language Xhosa (, ) also isiXhosa as an endonym, is a Nguni language and one of the official language ...
,
Silozi Lozi, also known as siLozi and Rozi, is a Bantu language of the Niger–Congo language family within the Sotho–Tswana branch of Zone S (S.30), that is spoken by the Lozi people, primarily in southwestern Zambia and in surrounding co ...
, Shona and northern and southern Ndebele (''mahadi'' in
Sesotho Sotho () or Sesotho () or Southern Sotho is a Southern Bantu language of the Sotho–Tswana ("S.30") group, spoken primarily by the Basotho in Lesotho, where it is the national and official language; South Africa (particularly the Free St ...
, ''magadi'' in
Setswana Tswana, also known by its native name , and previously spelled Sechuana in English, is a Bantu language spoken in Southern Africa by about 8.2 million people. It belongs to the Bantu language family within the Sotho-Tswana branch of Zon ...
, ''lovola'' in
Xitsonga Tsonga () or Xitsonga ( ''Xitsonga'') as an endonym, is a Bantu language spoken by the Tsonga people of southern Africa. It is mutually intelligible with Tswa and Ronga and the name "Tsonga" is often used as a cover term for all three, al ...
), and ''mamalo'' in Tshivenda language, sometimes referred to as " bride wealth" or "bride price" is property in livestock or kind, which a prospective husband, or head of his family, undertakes to give to the head of a prospective wife's family in gratitude of letting the husband marry their daughter.


Lobolo and the Law

In
South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. It is bounded to the south by of coastline that stretch along the Atlantic Ocean, South Atlantic and Indian Oceans; to the ...
, where the custom of lobolo is widely practiced, the union was previously concluded in terms of customary law, but is now governed under the Recognition of Customary Marriages, 1998 (Act 120 of 1998) (RCMA) and has the following prerequisites in order for a marriage to qualify under customary law: * Consensus – Historically, consensus was sought between the families of the prospective bride and groom. Since 2008, the RCMA states that consensus is required only between the individuals, and not their families. * Age requirements – According to customary law, no specific age requirement exists; however, the RCMA includes a minimum age requirement of 18. * Lobolo – A customary marriage, under the RCMA, is valid on the agreement to pay lobolo and does not require the payment of lobolo. * Transfer of the bride – The transfer of a bride is another requirement for the validity of a customary marriage. The RCMA does not specifically regulate this custom and it is dealt with on an ad-hoc basis. * Absence of
common-law marriage Common-law marriage, also known as non-ceremonial marriage, marriage, informal marriage, or marriage by habit and repute, is a legal framework where a couple may be considered married without having formally registered their relation as a civi ...
– Two parties in a monogamous customary marriage can enter into a common law marriage, but not vice versa * Prohibited degrees of relationship – In the past, each community had their own rules about prohibited relationships. These rules have evolved over the years. The RCMA states that these prohibited relationships are regulated by customary rules. South African law recognises customary marriages through the Recognition of Customary Marriages, 1998 (Act 120 of 1998). The purpose of the Act was to address gender inequality and the diminished rights of women in customary marriages. The Act was passed in order to improve the position of such women by using measures which brought customary law in line with the provisions of the Constitution of the Republic of South Africa, as well as South Africa's international human rights commitments. A key requirement for a customary marriage to be recognised as a valid marriage is that the marriage must be negotiated, entered into or celebrated in accordance with customary law. Furthermore, the prospective spouses must be at least 18 years old, and both prospective spouses must consent to the marriage. Until the recent Johannesburg High Court judgement in Sengadi v Tsambo 3 November 2018, there has been contention and confusion as to what constitutes a valid customary marriage. In the case involving the widow of renowned hip hop musician, Jabulani Tsambo, also known as HHP, it was her status as the legally recognised customary wife that was in question. Here the family of the deceased refused to acknowledge Lerato Sengadi as the customary wife on the basis that there had not been a customary 'handover ceremony' of the bride to the family of the groom, which would meet the requirements of a ‘'celebration'’ in accordance with customary law, and therefore no customary law marriage was concluded or came into existence between the deceased and Sengadi. On examination of the evidence, the judge concluded that in fact, there had been a tacit waiver of this custom because a ‘'symbolic'’ handing over of the applicant to the Tsambo family occurred after the conclusion of the customary law marriage. As the judge put it: In what can be described as a
landmark case Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly u ...
, the judge ruled against the family and declared Sengadi as the lawful spouse of the deceased.


Negotiations

In South African law, certain requirements must be complied with in order to conclude a valid customary marriage, including the negotiation of the lobolo. This negotiation is a crucial step towards a valid customary marriage, in law and in culture. A distinction is made between 'lobolo' or 'lobola', the tangible form of asset that constitutes an agreed upon dowry, and the lobolo negotiations, the set of legal customary processes that constitutes the fundamental dialogues between the two families and is necessary to establish the lobolo and the conclusion of the negotiation. The latter always precedes the former. The process of lobolo negotiations can be culturally varied, long and complex, and involves many members from both the bride and the groom's extended families; normally, this would just be the uncles of the marrying parties, as well as the fathers, where custom allows. The groom is not allowed to participate directly in the actual negotiations. In some cultures women may be present in the negotiations, while some households hold on to a tradition of not allowing women to actively take part in the negotiations. ''Ivulamlomo'' is a key process to the negotiation as negotiations cannot begin until this traditional act has been observed. Often, to dispel any tensions between the families, in modern times a bottle of brandy is placed on the table; however, this is not required nor is the ''vulamlomo'' limited to brandy, and it can be traditional sorghum beer or cash. This is usually not drunk; it is simply a gesture to welcome the guest family and make everyone feel more relaxed, and it is known as ''ivulamlomo'', which, literally translated, is
isiXhosa Xhosa (, ) also isiXhosa as an endonym, is a Nguni language and one of the official languages of South Africa and Zimbabwe. Xhosa is spoken as a first language by approximately 8.2 million people and by another 11 million as a secon ...
for ''mouth opener'' ( Sotho ''pulamolomo'') i.e. price for opening your mouth (to speak) to express the purpose of your visit. It is up to the potential wife's delegation to decide as to whether to make use of the alcohol or keep it closed. Lobolo cannot be paid in full in one go, the groom's delegation will need to come again after the first negotiations to finish paying for their bride to be. Once the lobolo has been ''paid in full'' then the next step follows which is called '' izibizo'', which can happen on the day when lobolo negotiations are concluded. This step involves the groom's delegation giving the bride's family according to the list that was issued presents, which may include blankets, pinafores, doeks, shawls and three foot pots or grass mats for women and coat, walking stick, hat, beer pots for men. There is then a celebration to mark the occasion.


Amount

It is generally accepted that cows, at a minimum, are required in a lobolo within the
Xhosa Xhosa may refer to: * Xhosa people, a nation, and ethnic group, who live in south-central and southeasterly region of South Africa * Xhosa language Xhosa (, ) also isiXhosa as an endonym, is a Nguni language and one of the official language ...
and Zulu cultures. While differing customs within various regions may contribute in determining an amount of the cash value of each cow, it also depends on the negotiation prowess of the representatives, or ''oonozakuzaku''. In modern times, there has been growing controversy around the amount demanded in certain families deemed by spectators as unreasonably excessive. Today, negotiations involve setting a price for a single cow and then multiplying the agreed price by the number of cows the new bride is deemed to be worth. The amount due is affected by many different factors including, but not limited to, the education level of the prospective bride, the financial means of the prospective spouses, and whether the prospective bride (or groom) already has children. Semanya (2014) claims that even high-profile figures such as
Nelson Mandela Nelson Rolihlahla Mandela (; ; 18 July 1918 – 5 December 2013) was a South African anti-apartheid activist who served as the first president of South Africa from 1994 to 1999. He was the country's first black head of state and the ...
practiced the custom, by paying a lobolo of 60 cows for his wife,
Graça Machel Graça Machel (; née Simbine; , born 17 October 1945) is a Mozambican politician and humanitarian. She is the widow of former President of Mozambique Samora Machel (1975–1986) and former President of South Africa Nelson Mandela (1998–20 ...
.


Northern Ndebele culture

A man marrying a woman from the Ndebele culture has to observe lobolo. A man is seen to love his partner when he strives to save and pay for lobolo. In the Ndebele culture in Zimbabwe, Lobolo takes place in a number of stages. At each stage of the ceremony, there are traditions to observe and small amounts to pay. Lobolo is not paid at once, but is a culmination of many different amounts. The amount paid is determined during negotiations and is dependent on various factors. If the groom has been saving up in preparation for the marriage, after hints from his beloved of what the lobolo might be, the process can be concluded in two short stages - the first stage, the mouth opener stage or "isivulamlomo", where the groom is given a chance to state his intentions to marry his beloved after putting money in a woven basket, and the bride's family tells the grooms family what they want as lobolo. A date is then set, agreeable to both parties, to meet again. At the time of writing, a cow in Zimbabwe costs $500 and the bride's family can ask for a cash equivalent of the number of cows they want. This is convenient to most families because keeping cattle can be time and labor-intensive. The second stage, where the groom's family present themselves on the agreed date, money is again placed in a woven basket to be allowed to speak and fulfills the bride's family requests by presenting all of the lobolo.


Negative effects

Lobolo may have some unintended negative effects. It may create a financial barrier for some young men looking to take a bride. It is common for a couple that is emotionally ready to commit to each other to stay unmarried if the man does not have the financial resources to satisfy the impeding traditional ritual, and in some cases the bride-to-be who has the financial resources secretly pays her own lobolo by giving the money to the man who in turn hands it over to the bride's family. For those who do have the financial means, the issue can be lobolo's
opportunity cost In microeconomic theory, the opportunity cost of a particular activity is the value or benefit given up by engaging in that activity, relative to engaging in an alternative activity. More effective it means if you chose one activity (for example ...
. Young men who are in the wealth-creation stage of life may feel that their future is better secured if they invest their money elsewhere to receive significant financial returns. Lobolo is seen by some as an extravagance that has little relevance in a society where young Africans are trying to lift themselves out of poverty. However, the tradition is still adhered to as strongly as ever, and in families where tradition and intention override greed, lobolo can be a great way of showing commitment between families, not just between the bride and groom. Lobolo is also seen by some rural South African woman as a sign of respect in that it symbolises their worth and reinforces their dignity. Many traditional marriages utilise a cash-based lobolo; this can be then followed by a European-style wedding ceremony, where the lobolo funds are used to pay for expenses. In this way, any outlaid costs are returned to the payer in another form, preserving tradition, honour and finances. Recently, the meaning of lobolo has been abused. The bride's families are demanding huge amounts of money from the groom's family and in turn, lobolo is now more of a money-generating-scheme from most families. Instead of simple gifts for lobolo payment-as it was in the 20th century and beyond, fathers are demanding outrageous amounts for their daughters. This has given some men in the African society the 'right' to abuse and ill-treat their wives because they feel that they bought them. There is no gender equality because (in some views) the system "promotes male superiority" where the voices of women do not matter nor their importance acknowledged.


Dissolution

The dissolution of a customary marriage occurs on the death of the husband or wife. However, the marriage could continue if the woman is transferred to a brother of the deceased to sire an heir. In the event that the woman returns to her father's house as a result of alleged abuse, the husband may have to pay a fine to the father, prior to fetching (phutuma) her. If the husband does not fetch her within reasonable time, then it would be assumed that he had intended to dissolve the marriage. If the wife refuses to return to the husband, then the husband may make a claim to a portion of the lobolo. If the husband wishes to end the marriage, he could send her back to her father's house. Should the wife initiate the divorce, the father will have to repay some of the lobolo.


See also

* Umtsimba – Swazi marriage ceremony


References

{{reflist


External links


Lobola, AIDS and Africa

Man hangs at in-laws home after lobola dispute

Lobola: Its Implications for Women's Reproductive Rights
Xhosa culture Zulu culture Engagement