PVL2602
Assignment 1 Semester 2 2026
Unique number: 281604
Due date: 17 August 2026
QUESTION 1
1.1 Advice on Mandla’s claim
Mandla’s claim is incorrect. Xolani’s customary marriage to Nomsa remains valid
even though it was not registered at the Department of Home Affairs. Section 4(9) of
the Recognition of Customary Marriages Act 120 of 1998 clearly provides that failure
to register a customary marriage does not affect its validity. Nomsa is therefore
Xolani’s surviving spouse for intestate succession purposes.1
It is correct that the Reform of Customary Law of Succession and Regulation of
Related Matters Act 11 of 2009 only came into operation on 20 September 2010.
Section 2(1) of the RCLSA applies to a person who dies after the Act commenced.
Since Xolani died on 14 May 2010, the RCLSA does not apply directly to his estate.1
Assignment 1 Semester 2 2026
Unique number: 281604
Due date: 17 August 2026
QUESTION 1
1.1 Advice on Mandla’s claim
Mandla’s claim is incorrect. Xolani’s customary marriage to Nomsa remains valid
even though it was not registered at the Department of Home Affairs. Section 4(9) of
the Recognition of Customary Marriages Act 120 of 1998 clearly provides that failure
to register a customary marriage does not affect its validity. Nomsa is therefore
Xolani’s surviving spouse for intestate succession purposes.1
It is correct that the Reform of Customary Law of Succession and Regulation of
Related Matters Act 11 of 2009 only came into operation on 20 September 2010.
Section 2(1) of the RCLSA applies to a person who dies after the Act commenced.
Since Xolani died on 14 May 2010, the RCLSA does not apply directly to his estate.1
