What began as a love story between South African actress Enhle Mbali Mlotshwa and internationally acclaimed DJ Black Coffee has now become a drawn-out legal battle, with no quick end in sight.
The long-running divorce dispute between the former couple is set to continue this year after the Supreme Court of Appeal (SCA) agreed to re-examine part of the case. This follows Black Coffee obtaining leave to appeal a key ruling by the Gauteng High Court, which went in favour of Enhle Mbali.
At the heart of the dispute is the question of whether the pair were validly married under customary law, and what that means for their financial obligations to each other.
The Gauteng High Court previously ruled that the couple’s May 2011 customary marriage was valid and in community of property. In simple terms, this meant that their estates were treated as shared. The court also found that the civil marriage they later entered into in 2017 was void, given that a customary marriage already existed.
As part of that ruling, Black Coffee was ordered to pay spousal maintenance to Enhle Mbali.
Unhappy with these findings, the DJ is now challenging the decision at the SCA. He argues that the judge made errors in concluding that there was a valid customary marriage and in the way spousal maintenance was granted.
According to his case, there was no factual basis for awarding maintenance, and he disputes several key legal aspects of the earlier judgment. Central to his appeal is the assertion that the requirements for a lawful customary marriage were not satisfied, and that the High Court misapplied the law in treating the union as in community of property.
On the other side, Enhle Mbali is opposing the appeal and is standing by the original ruling. She argues that the evidence presented at trial clearly showed that the customary marriage requirements were met.
In her view, the High Court correctly recognised their 2011 customary union as valid and in community of property, and properly declared the later 2017 civil marriage void. The actress also maintains that her financial needs, as well as other relevant details, were fully and clearly set out during the trial, providing a solid basis for the spousal maintenance order.
She is effectively asking the SCA to uphold the High Court’s decision in its entirety, including the finding that a valid customary marriage existed and that she is entitled to maintenance.
The core legal question now before the Supreme Court of Appeal is whether both parties consented to a customary marriage in 2011, and whether all legal requirements for such a marriage were met. This includes examining the evidence around the alleged customary processes and whether there was true agreement between the two.
The answer to that question will have major consequences. If the SCA confirms that there was a valid customary marriage in community of property, it will cement the legal status of their union and underpin the existing financial orders, including spousal maintenance. If, however, the court finds that there was no valid customary marriage, it could unsettle the current framework of their divorce, including the basis on which any maintenance and property arrangements were made.
For now, the case remains a stark example of how complex and deeply contested divorce matters can become when questions of customary law, civil law and financial claims intersect. What started as a celebrated relationship has evolved into a protracted legal dispute, with both sides digging in as they wait for South Africa’s highest appeal court in civil matters to have the final say.
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