Mr Siyabonga Sibisi

Mr Siyabonga Sibisi
Mr Siyabonga Sibisi
Senior Lecturer and Legal Studies Co-Ordinator
Howard College Campus
Howard College Building, School of Law, Suite H, Room 26

Biography

Siyabonga Sibisi is a Senior Lecturer in the School of Law and lectures Family Law, Security & Insolvency and Corporate Law. Other modules lectured include Succession, Specific Offences and Foundations of SA Law. He holds a Bachelor of Laws (LLB) and a Master of Laws (LLM) both from the University of KwaZulu-Natal, Pietermaritzburg Campus.  

Having completed his articles at Legal Aid South Africa, Durban, he is admitted to practice as an Attorney. Siyabonga researches and publishes in Family Law and Customary Law. He is a PhD candidate in Customary Family Law.  

Academic qualifications

  • LLB (2013) (UKZN, Pietermaritzburg)
  • LLM (2017) (UKZN, Pietermaritzburg)

Professional qualification

  • Attorney of the High Court of South Africa

Research Interests

  • Family Law
  • Customary Law
  • Succession
  • Company Law
  • Traditional Leadership Law

Publications

Accredited

  • 2019: Sibisi “Breach of promise to marry under customary law” 2019 (2) Obiter 340-352.
  • 2020: Sibisi “Is the requirement of integration of the bride optional in customary marriages?” 2020 De Jure 90-103.
  • 2021: Sibisi “The juristic nature of ilobolo agreement in a modern South Africa” 2021 Obiter 57-69.
  • 2021: Sibisi “The Supreme Court of Appeal and the handing over of the bride in customary marriages” 2021 De Jure 370-386.
  • 2022: Sibisi “Re-thinking forfeiture of patrimonial benefits when a marriage ends through death” 2022 Obiter 260-275.
  • 2022: Sibisi “Forfeiture of patrimonial benefits and the dissolution of marriage through death: Monyepao v Ledwaba (1368/18) [2020] ZASCA 54 (27 May 2020)” 2022 PELJ 1-16.
  • 2023: Sibisi “Consent and other ancillary matters as requirements of a customary marriage: LNM v MMM (2020/11024) [2021] ZAGPJHC 563 (11 June 2021)” PELJ 1-19.
  • 2023: Sibisi “The Domestic Violence Act 116 of 1998: Offences, defences, economic abuse, imminent harm and the crime of domestic abuse. What is new?” Obiter 331-347.
  • 2023: Sibisi “The impact of the duration of the marriage in forfeiture of patrimonial benefits: PP v PJ [2020] ZAGPJHC 281 (2 November 2020)” Journal for Juridical Science 145-159.
  • 2023: Sibisi “Registration of customary marriages in South Africa: A case for mandatory registration” Obiter 515-533. 
  • 2023: Sibisi “Applying provisions on forfeiture of patrimonial benefits to polygynous customary marriages” Obiter 737-754.
  • 2024: Sibisi “Does section 9(2) of the Divorce Act protect the ill-health spouse?” Obiter 
  • 2024: Sibisi “A critical discussion of the law regarding the recognition of traditional leaders and the role of the royal families in South Africa” PELJ (accepted) 
  • 2024: Sibisi “Problems with waiving the handing over of the bride in customary marriages” Obiter (accepted) 
  • 2024: Sibisi “Ilobolo for the oldies? A critical discussion of Peter v The Master of the High Court: Bisho (547/2020) [2022] ZAECBHC 22 (2 August 2022)” Obiter (accepted) 
  • 2024: Sibisi “Re-visiting the question of forfeiture of patrimonial benefits and the death of a spouse” Speculum Juris (accepted)  

Non-accredited 

  • Sibisi “Understanding Certain Provisions of the Domestic Violence Act: A practitioner’s perspective” 2016 (Nov) De Rebus 22.
  • Sibisi “Vicarious liability of the employer for employee’s frolic: More clarity on detour cases: Minister of Safety and Security v Morudu 2016 (1) SACR 68 (SCA)” 2016 (Oct) De Rebus 52.
  • Sibisi “Dual marriages: A guide to antenuptial contracts” 2022 (Nov) De Rebus 8.  

Conference papers 

  • 2021: “The implementation of the Domestic Violence Act 116 of 1998 through traditional courts: merits and demerits”. Paper presented at the Private Law and Social Justice Conference 2021 (virtual conference organized by Nelson Mandela University).
  • 2022: “Can the requirements for a customary marriage be complied with under strict covid-19 regulations?” Southern Africa Law Teachers’ Conference, organized by University of Fort Hare, East London) – 11 to 15 July 2022.
  • 2022: “Interpreting s 9 of the Divorce Act 70 of 1979 in the context of polygamous customary marriages that end through death: Monyepao v Ledwaba (SCA) unreported case 1368/18 of 27 May 2020” Private Law and Social Justice Conference (virtual conference organized by Nelson Mandela University) – 29 to 30 August 2022.
  • 2023: “The dissolution of customary marriages where the defendant is mentally ill or continually unconscious” Private Law and Social Justice Conference, organised by Nelson Mandela University – 7 to 8 August 2023.
  • 2024: “The legal implications of Sithole v Sithole 2021 (5) SA 34 (CC)” Southern Africa Law Teachers’ Conference, organised by North West University, Sun City – 15 to 19 January 2024.