Lju4804 Assignment 1 Memo - Semester 2 - 2023 - Unisa - Due Date: - 31 August 2023 (Detailed Memo – Fully Referenced – 100% Pass - Guaranteed)

LJU4804 ASSIGNMENT 1 MEMO - SEMESTER 2 - 2023 - UNISA - DUE DATE: - 31 AUGUST 2023 (DETAILED MEMO – FULLY REFERENCED – 100% PASS - GUARANTEED) QUESTION 1 Mr and Mrs Kumar got married while on holiday in Zanzibar in December 1982. At the time of entering into the marriage, both were Indian citizens domiciled in England. Shortly after their marriage, they immigrated to South Africa where Mr Kumar took up the position of managing director for a telecommunication company in Johannesburg. Three children were born out of the marriage and Mrs Kumar stayed at home to look after them. The marriage relationship broke down irretrievably in 2010 and Mrs Kumar instituted divorce proceedings against Mr Kumar in a South African High Court in the same year. Question 1 Which legal system will be found applicable to the material/inherent validity of the Kumars’ marriage according to the principles of South African private international law? (2) Question 2 Assume for purposes of this question that Mr Kumar was already domiciled in South Africa when they got married. Assume further that Mrs Kumar was only 17 years old at the time of entering into the marriage and that the parties married in Zanzibar due to the fact that the legal age for marriage in South Africa is 18. Would your answer to question 1 still be the same? Discuss. (6) Question 3 Mrs Kumar intends instituting a claim for redistribution of assets upon divorce. Assume that redistribution of assets is classified as a divorce matter under English law but as a proprietary consequence of marriage under South African law. Which legal system will the court apply to redistribution of assets if the via media approach to classification is used? Provide the lex fori and lex causae classification tables and then base your answer on the relevant policy considerations. (12) Total: [20]