Black Coffee divorce: What next after Concourt ruling?
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The Constitutional Court has made a landmark ruling about customary marriages and antenuptial contracts (ANC). What does this mean for DJ Black Coffee, who is appealing his divorce judgement against Enhle Mbali Mlotshwa?
The former couple married in a traditional wedding ceremony more than a decade ago. Years later, they signed an ANC prior to their civil union. However, the Johannesburg High Court recently stated that their customary or civil union should default to community of property and be upheld.
CONSTITUTIONAL COURT RULING: WHAT NEXT FOR BLACK COFFEE?
On Wednesday, 21 January, the Constitutional Court ruled that antenuptial contracts signed after a customary marriage were invalid. It stated that any contracts signed under customary unions, which default to community of property contracts, are deemed postnuptial agreements and require the approval of a High Court to become effective.
The news saw Black Coffee – real name Nkosinathi Maphumulo – trending on social media platforms. The Grammy Award-winning DJ will be taking his divorce judgement to the Supreme Court of Appeal this year.
He is opposing the October 2025 Johannesburg High Court ruling that upheld his 2011 traditional Zulu wedding as a civil union and subsequently deemed his 2017 and 2019 antenuptial contracts invalid.
He is also opposing the judgement that he pay his ex-wife, Enhle Mbali Mlotshwa, over R60 000 per month in spousal support, until her death or until she remarries.
Black Coffee is appealing a divorce judgement over his marriage to ex-wife, Enhle Mbali Mlotshwa. This comes prior to a landmark Constitutional Court ruling. Images via Instagram: @enhlembali_/ @realblackcoffee
According to the ruling, in the absence of a valid antenuptial or postnuptial contract, Black Coffee and Enhle’s marriage is classified as a community of property marriage. This means that the couple shared a joint estate until the dissolution of their marriage, which was finalised last year.
CAN THE RULING BE APPEALED?
The Constitutional Court is the highest in South Africa, and its rulings are legally binding.
The Supreme Court of Appeal (SCA) will therefore have to apply the landmark ruling when addressing Black Coffee’s leave to appeal his divorce judgement.
If the 49-year-old wins his challenge, the High Court’s ruling will be overturned. However, if he loses, he could apply for leave to appeal to the Constitutional Court.
The Constitutional Court may hear his argument, as it could be deemed in the public interest and in the interest of justice under customary law.
