IND2601
Assignment 1
Semester 2 2024
[Company address]
, IND2601 Assignment 1 Semester 2 2024
1.Discuss the case and judgement in the case of Gumede v President of the Republic of
South Africa & others (CCT 50/08 [2008] ZACC 23, 2009(3) BCLR 243, whilst
addressing the following: (i) The facts of the case (5) (ii) The legal question that was
answered by the court (7) (iii) The decision of the court and reasons for the judgement
(8)
2. Briefly state the implications of the reforms to the concept of descendant in
accordance with the Reform of Customary Law of Succession and Regulation of
Related Matters Act 11 of 2009. (10)
Question 1: Case and Judgment in Gumede v President of the Republic of South
Africa & Others
(i) The Facts of the Case (5 Marks)
The case of Gumede v President of the Republic of South Africa & Others revolves
around the marital property regime under customary law, particularly in the context of
polygynous marriages. Mrs. Gumede challenged the constitutionality of certain
provisions of the Recognition of Customary Marriages Act, 1998, which differentiated
between customary marriages entered into before and after the commencement of the
Act. Mrs. Gumede's marriage was governed by the KwaZulu-Natal Code of Zulu Law,
which placed her at a significant disadvantage regarding property rights upon the
dissolution of her marriage. She argued that these provisions unfairly discriminated
against her on the grounds of gender and marital status.
Assignment 1
Semester 2 2024
[Company address]
, IND2601 Assignment 1 Semester 2 2024
1.Discuss the case and judgement in the case of Gumede v President of the Republic of
South Africa & others (CCT 50/08 [2008] ZACC 23, 2009(3) BCLR 243, whilst
addressing the following: (i) The facts of the case (5) (ii) The legal question that was
answered by the court (7) (iii) The decision of the court and reasons for the judgement
(8)
2. Briefly state the implications of the reforms to the concept of descendant in
accordance with the Reform of Customary Law of Succession and Regulation of
Related Matters Act 11 of 2009. (10)
Question 1: Case and Judgment in Gumede v President of the Republic of South
Africa & Others
(i) The Facts of the Case (5 Marks)
The case of Gumede v President of the Republic of South Africa & Others revolves
around the marital property regime under customary law, particularly in the context of
polygynous marriages. Mrs. Gumede challenged the constitutionality of certain
provisions of the Recognition of Customary Marriages Act, 1998, which differentiated
between customary marriages entered into before and after the commencement of the
Act. Mrs. Gumede's marriage was governed by the KwaZulu-Natal Code of Zulu Law,
which placed her at a significant disadvantage regarding property rights upon the
dissolution of her marriage. She argued that these provisions unfairly discriminated
against her on the grounds of gender and marital status.
