-Aria
The LAW
Tutor
IND2601
ASSIGNMENT 1
SEMESTER 1
2023
DUE: 05 APRIL 2023
Terms of use
By making use of this document, you agree to:
Use this document as a guide for learning, comparison, and
reference purpose,
Not to duplicate, reproduce and/or misrepresent the contents of this
document as your own work.
Fully accept the consequences should you plagiarize o r misuse this
document.
EMAIL:
/060 966 3364 (limited availability for personalized assignments)
Contact me for enquiries based on 1 on 1 online tutor sessions,
assistance on specific modules and enquiries. All emails will be deleted
after 1 week of being sent for your privacy concerns.
, PREVIEW QUESTIONS:
ASSIGNMENT 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.
(i) Identify the customary marriage applicable to the set of facts and state the marriage
requirement that is affected by the legal question here. (3)
(ii) Using decided cases advise Merry on her response of the alleged invalidity of her marriage
due to the fact that she was not delivered as a bride to her marital family in a celeb (10)
(iii) How far is the validity of the marriage affected by non-registration? (2)
Question 2
State the general principles of succession in terms of original customary law. (10)
Question 3
Evaluate the following statements.
(i) According to section 2 of the Traditional Leadership and Governance Framework Act 41 of
2003, the recognition of traditional communities is conditional to complying with certain standards.
(5)
(ii) When the Constitution of South Africa of 1996 became effective courts of Traditional leaders
were discontinued. (5)
(iii) In terms of African customary law, a child is not criminally liable. (5)
Total [40]
The LAW
Tutor
IND2601
ASSIGNMENT 1
SEMESTER 1
2023
DUE: 05 APRIL 2023
Terms of use
By making use of this document, you agree to:
Use this document as a guide for learning, comparison, and
reference purpose,
Not to duplicate, reproduce and/or misrepresent the contents of this
document as your own work.
Fully accept the consequences should you plagiarize o r misuse this
document.
EMAIL:
/060 966 3364 (limited availability for personalized assignments)
Contact me for enquiries based on 1 on 1 online tutor sessions,
assistance on specific modules and enquiries. All emails will be deleted
after 1 week of being sent for your privacy concerns.
, PREVIEW QUESTIONS:
ASSIGNMENT 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.
(i) Identify the customary marriage applicable to the set of facts and state the marriage
requirement that is affected by the legal question here. (3)
(ii) Using decided cases advise Merry on her response of the alleged invalidity of her marriage
due to the fact that she was not delivered as a bride to her marital family in a celeb (10)
(iii) How far is the validity of the marriage affected by non-registration? (2)
Question 2
State the general principles of succession in terms of original customary law. (10)
Question 3
Evaluate the following statements.
(i) According to section 2 of the Traditional Leadership and Governance Framework Act 41 of
2003, the recognition of traditional communities is conditional to complying with certain standards.
(5)
(ii) When the Constitution of South Africa of 1996 became effective courts of Traditional leaders
were discontinued. (5)
(iii) In terms of African customary law, a child is not criminally liable. (5)
Total [40]
