[Date]
LCP4804 Assignment 2
Semester 2 2024 (201383) -
DUE 9 September 2024
QUESTIONS WITH ANSWERS
, LCP4804 Assignment 2 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) Could Z have had two valid customary marriages?
LCP4804 Assignment 2
Semester 2 2024 (201383) -
DUE 9 September 2024
QUESTIONS WITH ANSWERS
, LCP4804 Assignment 2 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) Could Z have had two valid customary marriages?
