2023
IND2601-AFRICAN CUSTOMARY LAW
SEMESTER 1 ASSIGNMENT 01 SOLUTIONS
MEL
pg. 1
, QUESTION 1
Merry and Thabiso have been together ever since High School days (2009),
they have three children Seripa; Dimpho and Bright. 13 years after this
relationship began, Thabiso’s mother expressed her concern that it is against
tradition for Thabiso to be living with Merry for such a long time without
paying lobola as well as an introduction of Merry and the children to the family
ancestors. Thabiso accepted his mother’s advice to get married in terms of
traditional customs. Consequently, Thabiso’s family drafted a letter to Merry’s
family for introduction and lobola negotiation. On the day that the meeting was
held the lobola negotiation were concluded and both families reached a
consensus. However, Merry got extremely sick thereafter and was admitted in
hospital. Merry’s marriage celebration did not materialise although lobola
negotiations were concluded. Merry was discharged from hospital after 7
months and she and Thabiso continued to live together. A year later, Thabiso
was involved in a car accident and lost his life. Thabiso’s mother claims all the
property of her son’s estate and claims that the marriage between Thabiso and
Merry was not valid because Merry was not delivered in a celebration at her
marital home and that the marriage was not registered in terms of section 4(1)
of the Recognition of Customary Marriages Act120 of 1998.
With reference to legislation, case law and other sources to support your
argument, analyse and discuss the validity of this marriage in terms of
customary law? In your answer consider the following questions.
Identify the customary marriage applicable to the set of facts and state
the marriage requirement that is affected by the legal question here
Merry and Thabiso were in a cohabitation arrangement. Cohabitation refers to when
an unmarried couple lives together in a long-term relationship that resembles a
marriage. There is no law that regulates the rights of parties in a cohabitation
relationship. Individuals living together do not have the rights and duties married
couples have and is the case irrespective of the duration of the relationship.
The legal requirements for a valid customary marriage entered into after 15
November 2000 are provided for in section 3 of Act 120 of 1998 and are as follows:
pg. 2
IND2601-AFRICAN CUSTOMARY LAW
SEMESTER 1 ASSIGNMENT 01 SOLUTIONS
MEL
pg. 1
, QUESTION 1
Merry and Thabiso have been together ever since High School days (2009),
they have three children Seripa; Dimpho and Bright. 13 years after this
relationship began, Thabiso’s mother expressed her concern that it is against
tradition for Thabiso to be living with Merry for such a long time without
paying lobola as well as an introduction of Merry and the children to the family
ancestors. Thabiso accepted his mother’s advice to get married in terms of
traditional customs. Consequently, Thabiso’s family drafted a letter to Merry’s
family for introduction and lobola negotiation. On the day that the meeting was
held the lobola negotiation were concluded and both families reached a
consensus. However, Merry got extremely sick thereafter and was admitted in
hospital. Merry’s marriage celebration did not materialise although lobola
negotiations were concluded. Merry was discharged from hospital after 7
months and she and Thabiso continued to live together. A year later, Thabiso
was involved in a car accident and lost his life. Thabiso’s mother claims all the
property of her son’s estate and claims that the marriage between Thabiso and
Merry was not valid because Merry was not delivered in a celebration at her
marital home and that the marriage was not registered in terms of section 4(1)
of the Recognition of Customary Marriages Act120 of 1998.
With reference to legislation, case law and other sources to support your
argument, analyse and discuss the validity of this marriage in terms of
customary law? In your answer consider the following questions.
Identify the customary marriage applicable to the set of facts and state
the marriage requirement that is affected by the legal question here
Merry and Thabiso were in a cohabitation arrangement. Cohabitation refers to when
an unmarried couple lives together in a long-term relationship that resembles a
marriage. There is no law that regulates the rights of parties in a cohabitation
relationship. Individuals living together do not have the rights and duties married
couples have and is the case irrespective of the duration of the relationship.
The legal requirements for a valid customary marriage entered into after 15
November 2000 are provided for in section 3 of Act 120 of 1998 and are as follows:
pg. 2
