Mpando v. Mpando

The petitioner sought a dissolution of her marriage to the respondent on the grounds of cruelty and additionally sought custody of their four-year-old child. As the respondent had already admitted to beating the petitioner throughout the course of their marriage and pleaded guilty to domestic violence in a lower court, the court ordered that the couples’ marriage be dissolved. The respondent contested the petitioner’s request for custody over their child on the grounds that he had paid a “lobola,” roughly translated to “bride price,” which under customary law entitled him to custody of the child. In rejecting the respondent’s argument, the court highlighted that both Section 23 of the Constitution and section 8 Child Care Protection and Justice Act require that the best interest of the child be the primary consideration when determining custody, superseding customary law. Further, the court explained that when young children are involved, mothers should be granted custody unless there is "serious evidence" that they are unfit. The court granted full custody to the petitioner and visitation to the respondent.