Constitutional Court ruling reignites interest in Enhle Mbali and Black Coffee’s divorce saga

by Zaghrah Anthony

Constitutional Court ruling reignites interest in Enhle Mbali and Black Coffee’s divorce

South Africa’s celebrity courts are buzzing again after a major Constitutional Court ruling on customary marriages has shone a spotlight back on the high-profile divorce between actress Enhle Mbali Mlotshwa and internationally acclaimed DJ Nkosinathi Maphumulo, better known as Black Coffee.

While the judgment doesn’t directly involve the former couple, it touches on the very legal principles at the heart of their bitter, six-year-long legal battle: the recognition of customary marriages and the enforceability of antenuptial contracts.

Customary marriages carry full legal weight

The Constitutional Court recently overturned a High Court ruling that had struck down parts of the Recognition of Customary Marriages Act, reaffirming that customary marriages are fully equivalent to civil marriages under South African law. Contrary to some social media speculation, the court did not ban antenuptial contracts signed after a customary marriage. Instead, it clarified that any attempt to alter a marriage’s property regime must comply with the law and undergo proper judicial oversight to ensure fairness for both parties.

This principle strikes at the core of the Mbali-Maphumulo dispute, which revolves around whether their 2011 customary marriage was valid, the legal effect of any later civil marriage and antenuptial agreement, and how their shared assets should be divided.

Legal fireworks: Supreme Court of Appeal next

The drama is far from over. Black Coffee recently secured leave to appeal a Gauteng High Court ruling from October last year, which had confirmed that the couple was indeed in a valid customary marriage in community of property. That judgment also granted spousal maintenance to Mbali, effectively dividing the estate in her favour.

Black Coffee is challenging multiple aspects of the ruling, including the validity of the customary marriage itself and the maintenance order. He has argued that the case raises questions of broad legal importance and that the Supreme Court of Appeal (SCA) may reach a different conclusion.

The Johannesburg High Court granting leave to appeal acknowledged the legal uncertainty caused by conflicting judgments in similar cases. The SCA’s eventual ruling could provide clarity not only for this couple but also for many South Africans navigating customary and civil marriage frameworks.

Public interest is high

Even as the legal teams prepare for another round of court hearings, the public is already weighing in. Social media is alive with speculation: some champion Mbali’s legal victory as a landmark win for women in customary marriages, while others watch to see if Black Coffee’s appeal could overturn the previous judgment.

For now, the former couple remains at a legal impasse, with South Africans closely following each development in a saga that blends celebrity glamour with complex property and family law. One thing is certain: the story of Enhle Mbali and Black Coffee is far from finished, and the next chapter could have implications that reach well beyond the glitz of Johannesburg’s celebrity scene.

Source: IOL

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