Assignment 2
Semester 1 – 2023
Question 1 (5 Marks)
Give the names of the parties; the legal question that was answered by the court,
the reasons for judgment (ratio decidendi) and the decision of the court.
1. Mabuza v Mbatha 2003 (7) BCLR 43 (C)
Names of the parties
Plaintiff – Lindiwe Sarah Mabuza
Defendant – Frank Mphumeni Mbatha
Legal question
Whether the parties were married according to siSwati customary law, and their
marriage was valid despite not performing the siSwati custom of ukumekeza (the
formal integration of the bride into bridegroom’s family)
Ratio decident