Lobolo or lobola in Zulu, Xhosa, Swazi, Silozi, and northern and southern Ndebele (mahadi in Sesotho, mahari in Swahili, magadi in Sepedi and bogadiSetswana, lovola in Xitsonga, and mamalo in Tshivenda) roora in [ChiShona}, sometimes referred to as "bride wealth"[1][2][3] or "bride price" is a 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 and for the brides family for raising her.
Until the recent Johannesburg High Court judgement in Sengadi v Tsambo 3 November 2018,[5] 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 recognized customary wife that was in question.
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.
In South African law, certain requirements must be complied with; in order to conclude a valid customary marriage (including the negotiation of the lobolo or mamalo).
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;[7] normally, this would just be the uncles of the marrying parties, as well as the fathers, where custom allows.
The process typically starts with a letter from the groom's delegation delivered to the bride's family, requesting a date to meet and discuss.
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 coats, walking sticks, hats, beer pots for men.
While differing customs within various regions may contribute to determining the 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.
Semanya (2014)[11] claims that even high-profile figures such as Nelson Mandela practiced the custom, by paying a lobolo of 60 cows for his wife, Graça Machel.
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.
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 also seen by some rural South African women as a sign of respect in that it symbolizes their worth and reinforces their dignity.