2023 SEMESTER 2 ASSIGNMENT 2 - African Customary Law - IND2601

Assignment 1 Discuss the general characteristics of customary law relating to, i) The unwritten nature of African customary law (6) ii) Customary law as an expression of community values (6) iii) The role of magico-religious conceptions of customary law (8) iv) Group orientation nature (5) [25] Question 2 Sello married Mapule by customary law in January 1999. He later also married Mpume by customary law rites on 10 December 2006. Three girls were born from the marriage with Mapule and two boys were born from the marriage with Mpume. At the time when he married Mpume, Sello used the property allotted to Mapule’s house to provide lobolo for Mpume. The lobolo received from the customary marriage for one of his daughters withMapule was also used to settle lobolo for one of Mpume’s sons. Sello, Mapule and Mpume approach you for advice regarding the following i) The proprietary consequences of the customary marriage between Sello and Mapule. (5) ii) The question whether the customary marriage between Sello and Mpume is valid despite failure by Sello to obtain a court order, in terms of section7(6) of the Recognition of Customary Marriages Act 120 of 1998, for the approval of a contract which regulates the future matrimonial property system of his marriages. (5) iii) The question whether any debt was created when property allotted to Mapule;s house was used to provide lobolo for the customary marriage with Mpume and when the said property was also used to provide lobolo for the wife of one of the sons of Mpume. (5) [15