, LCP4804 Assignment 2 (COMPLETE ANSWERS) Semester
1 2026 - DUE 1 April 2026; 100% Correct solutions and
explanations.
QUESTION 1
1.1 Validity of Two Customary Marriages
Yes, Abel could possibly have had two valid customary marriages,
depending on whether the legal requirements for polygynous customary
marriages were complied with. Customary marriages in South Africa are
recognised and regulated by the Recognition of Customary Marriages
Act 120 of 1998 (RCMA).
The RCMA recognises both monogamous and polygynous customary
marriages. Section 2 of the Act states that a marriage entered into in
accordance with customary law is recognised as a valid marriage.
Therefore, a man who is already married under customary law may
marry another wife, provided that he follows the requirements set out
in the Act.
According to section 3 of the RCMA, a customary marriage is valid if
the following requirements are met:
1. Both parties must be above the age of 18 years.
2. Both parties must consent to the marriage.
3. The marriage must be negotiated and entered into or
celebrated in accordance with customary law, which usually
includes negotiations between families and the payment or
agreement regarding lobola (bride wealth).
If Abel entered into a marriage with Beauty according to customary law
and later entered into another marriage with Pumla following the same
customary procedures, both marriages could be valid, since
polygynous marriages are recognised in South African customary law.
1 2026 - DUE 1 April 2026; 100% Correct solutions and
explanations.
QUESTION 1
1.1 Validity of Two Customary Marriages
Yes, Abel could possibly have had two valid customary marriages,
depending on whether the legal requirements for polygynous customary
marriages were complied with. Customary marriages in South Africa are
recognised and regulated by the Recognition of Customary Marriages
Act 120 of 1998 (RCMA).
The RCMA recognises both monogamous and polygynous customary
marriages. Section 2 of the Act states that a marriage entered into in
accordance with customary law is recognised as a valid marriage.
Therefore, a man who is already married under customary law may
marry another wife, provided that he follows the requirements set out
in the Act.
According to section 3 of the RCMA, a customary marriage is valid if
the following requirements are met:
1. Both parties must be above the age of 18 years.
2. Both parties must consent to the marriage.
3. The marriage must be negotiated and entered into or
celebrated in accordance with customary law, which usually
includes negotiations between families and the payment or
agreement regarding lobola (bride wealth).
If Abel entered into a marriage with Beauty according to customary law
and later entered into another marriage with Pumla following the same
customary procedures, both marriages could be valid, since
polygynous marriages are recognised in South African customary law.
