LCP4804 Assignment 2
(COMPLETE ANSWERS)
Semester 2 2024 (201383) - DUE
9 September 2024
CONTACT:
, LCP4804 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2024 (201383) - DUE 9 September 2024
Before his death Z married his wife R by customary rites.
After Z's death R went to register their customary
marriage at the Home Affairs Department, only to be told,
to her consternation, that P had already been to that
office to register hers with the deceased. R knew that P
did what she did in order to claim Z's estate. (i) Comment
on whether Z could possibly have had two valid
customary marriages, referring to any law/legislation
recognising it. (5) (ii) What would your comment be if R
says Z never told her about his customary marriage with
P and that R and Z subscribed to Tsonga customary law
which does not recognise Z's further customary marriage,
contracted without her consent as Z's senior wife. (5) (iii)
What would be the position if K, being Z's father, says he
does not recognise both R and P as his son's (Z's) widows
as he never negotiated these marriages. (5) (iv) Would
R's and P's situation be any different if K's issue with their
customary marriages was their invalidity for no-
observance of the necessary imvume/ukumekeza
traditions. (5) (v) What would be the position if Q
appeared claiming to be the only descendant of Z by an
earlier relationship. Q discredits R's customary marriage
because her lobolo was never paid in full; and P's one
because she was never delivered to the groom's family.
Here’s a breakdown of the legal issues surrounding the scenario:
(i) Z having two valid customary marriages:
Comment: South African law, specifically the Recognition of Customary Marriages Act
120 of 1998 (RCMA), allows for polygamous customary marriages, provided certain
requirements are met. For Z to have two valid customary marriages with both R and P,
(COMPLETE ANSWERS)
Semester 2 2024 (201383) - DUE
9 September 2024
CONTACT:
, LCP4804 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2024 (201383) - DUE 9 September 2024
Before his death Z married his wife R by customary rites.
After Z's death R went to register their customary
marriage at the Home Affairs Department, only to be told,
to her consternation, that P had already been to that
office to register hers with the deceased. R knew that P
did what she did in order to claim Z's estate. (i) Comment
on whether Z could possibly have had two valid
customary marriages, referring to any law/legislation
recognising it. (5) (ii) What would your comment be if R
says Z never told her about his customary marriage with
P and that R and Z subscribed to Tsonga customary law
which does not recognise Z's further customary marriage,
contracted without her consent as Z's senior wife. (5) (iii)
What would be the position if K, being Z's father, says he
does not recognise both R and P as his son's (Z's) widows
as he never negotiated these marriages. (5) (iv) Would
R's and P's situation be any different if K's issue with their
customary marriages was their invalidity for no-
observance of the necessary imvume/ukumekeza
traditions. (5) (v) What would be the position if Q
appeared claiming to be the only descendant of Z by an
earlier relationship. Q discredits R's customary marriage
because her lobolo was never paid in full; and P's one
because she was never delivered to the groom's family.
Here’s a breakdown of the legal issues surrounding the scenario:
(i) Z having two valid customary marriages:
Comment: South African law, specifically the Recognition of Customary Marriages Act
120 of 1998 (RCMA), allows for polygamous customary marriages, provided certain
requirements are met. For Z to have two valid customary marriages with both R and P,
