LCP4804 Assignment 2
(COMPLETE ANSWERS)
Semester 2 2024 (201383) - DUE 9
September 2024
100% GUARANTEED
, 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.
(i) Validity of Multiple Customary Marriages:
Z could possibly have had two valid customary marriages, provided that they adhered to the
requirements under South African law, particularly the Recognition of Customary Marriages
Act, 120 of 1998 (RCMA). The RCMA recognizes the validity of customary marriages and
permits polygamous unions, provided they comply with the provisions of the Act. According to
Section 3 of the RCMA, a customary marriage is valid if it is negotiated, entered into, and
celebrated according to customary law. Additionally, for a man to marry more than one wife, he
(COMPLETE ANSWERS)
Semester 2 2024 (201383) - DUE 9
September 2024
100% GUARANTEED
, 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.
(i) Validity of Multiple Customary Marriages:
Z could possibly have had two valid customary marriages, provided that they adhered to the
requirements under South African law, particularly the Recognition of Customary Marriages
Act, 120 of 1998 (RCMA). The RCMA recognizes the validity of customary marriages and
permits polygamous unions, provided they comply with the provisions of the Act. According to
Section 3 of the RCMA, a customary marriage is valid if it is negotiated, entered into, and
celebrated according to customary law. Additionally, for a man to marry more than one wife, he
