Black Coffee Takes Divorce Battle to Supreme Court of Appeal

The long-running divorce dispute between international DJ Black Coffee and actress Enhle Mbali Mlotshwa is heading to the Supreme Court of Appeal (SCA), following a ruling by the Gauteng High Court in Johannesburg granting leave to appeal.

At the centre of the dispute is whether the pair entered into a valid customary marriage in May 2011. In October last year, Acting Judge M Ntanga ruled that Black Coffee and Mlotshwa were indeed married under customary law, and that the marriage was in community of property. The court further found that their civil marriage, concluded in January 2017, was legally void.

Black Coffee is now appealing key parts of that ruling, arguing that the court erred in finding that a valid customary marriage existed. He also challenges the order requiring him to pay spousal maintenance.

According to the DJ, the trial court made incorrect findings of fact and law, particularly on the issue of consent to be married under customary law. He maintains that there was no mutual intention between the parties to enter into a customary marriage.

He further argues that the award of spousal maintenance was made without proper factual basis. Black Coffee contends that entitlement to maintenance must first be proven, including evidence of need, quantum and duration. He claims that Mlotshwa failed to establish this and that she already receives substantial financial support from him.

In opposing the application for leave to appeal, Mlotshwa argued that Black Coffee raised new arguments that were not supported by evidence during the trial. She maintained that the evidence showed clear compliance with customary law requirements and that his participation in family negotiations and rituals demonstrated consent to the marriage.

Mlotshwa also defended the spousal maintenance award, stating that she had fully disclosed her financial needs during trial proceedings. She said her acting career was put on hold during the marriage, and she had provided detailed information regarding her income, expenses, health issues and household costs. She argued that the court correctly determined a reasonable maintenance amount.

In granting leave to appeal, Judge Ntanga said the matter raises important questions of law and public interest, particularly due to conflicting judgments on customary marriage disputes.

“The critical issue is whether there was consent by both parties to be married in terms of customary law. This goes to the heart of whether the applicant has prospects of success should another court find that there was no intention of being married in terms of customary law,” Ntanga said.

The Supreme Court of Appeal will now be tasked with resolving the legal issues surrounding the recognition of customary marriages and the enforcement of spousal maintenance in high-profile divorce matters.