, PVL2601
ASSIGNMENT 2 SEMESTER 2
2026
DUE 7 SEPTEMBER 2026
Question 1: Mr. Xitsonga's Marriages
(a) Is her customary marriage legally recognised and, if yes, which Act regulates her marriage?
Yes, Mrs. Xitsonga's customary marriage is legally recognised. The Recognition of Customary
Marriages Act 120 of 1998 (hereafter "the Act") came into effect on 15 November 2000. Section
2(1) of the Act expressly provides that a customary marriage entered into before the
commencement of the Act is recognised for all purposes. Since her marriage was concluded on 13
March 1999, it is a valid pre-existing customary marriage regulated by the Act.
(b) Is the customary marriage between Mr Xitsonga and Ms Ntswaki legally recognised? Provide
reasons for your answer.
No, the customary marriage between Mr. Xitsonga and Ms. Ntswaki is not legally recognised. The
primary reason is the failure to comply with section 7(6) of the Recognition of Customary Marriages
Act 120 of 1998.
Section 7(6) states that a husband in an existing customary marriage who wishes to enter into a
further customary marriage must apply to a court for approval of a written contract that will
regulate the future matrimonial property system of his marriages. This provision is designed to
protect the existing spouse's proprietary interests. The failure to obtain such court approval
renders the subsequent customary marriage void. This principle was confirmed in the case of MM v
MN and Another 2010 (4) SA 286 (GNP), where the court held that non-compliance with section 7(6)
is fatal to the validity of a subsequent customary marriage. On the facts provided, there is no
indication that Mr. Xitsonga obtained the requisite court approval before paying lobolo or
celebrating the traditional wedding with Ms. Ntswaki. Therefore, his second customary marriage is
legally invalid.
ASSIGNMENT 2 SEMESTER 2
2026
DUE 7 SEPTEMBER 2026
Question 1: Mr. Xitsonga's Marriages
(a) Is her customary marriage legally recognised and, if yes, which Act regulates her marriage?
Yes, Mrs. Xitsonga's customary marriage is legally recognised. The Recognition of Customary
Marriages Act 120 of 1998 (hereafter "the Act") came into effect on 15 November 2000. Section
2(1) of the Act expressly provides that a customary marriage entered into before the
commencement of the Act is recognised for all purposes. Since her marriage was concluded on 13
March 1999, it is a valid pre-existing customary marriage regulated by the Act.
(b) Is the customary marriage between Mr Xitsonga and Ms Ntswaki legally recognised? Provide
reasons for your answer.
No, the customary marriage between Mr. Xitsonga and Ms. Ntswaki is not legally recognised. The
primary reason is the failure to comply with section 7(6) of the Recognition of Customary Marriages
Act 120 of 1998.
Section 7(6) states that a husband in an existing customary marriage who wishes to enter into a
further customary marriage must apply to a court for approval of a written contract that will
regulate the future matrimonial property system of his marriages. This provision is designed to
protect the existing spouse's proprietary interests. The failure to obtain such court approval
renders the subsequent customary marriage void. This principle was confirmed in the case of MM v
MN and Another 2010 (4) SA 286 (GNP), where the court held that non-compliance with section 7(6)
is fatal to the validity of a subsequent customary marriage. On the facts provided, there is no
indication that Mr. Xitsonga obtained the requisite court approval before paying lobolo or
celebrating the traditional wedding with Ms. Ntswaki. Therefore, his second customary marriage is
legally invalid.
