LJU4804
PORTFOLIO 2025
DUE DATE: 17 OCTOBER 2025
, LJU4804 Private International Law: Oct/Nov 2025 Portfolio Exam
The portfolio runs from 10 – 17 October 2025.
Question 1
Instructions: Read the set of facts below and answer the questions that follow.
Patrick and Ruth Mulenga got married in Zanzibar (Tanzania) in December 1982. At the
time of entering into the marriage they were both Zambian citizens and domiciled in
Zambia. Mrs Mulenga was seventeen years old and Mr Mulenga was thirty years old
when they got married. They entered into an antenuptial contract excluding community of
property and all forms of profit sharing. Shortly after concluding the marriage, the parties
relocated to Johannesburg (South Africa) and established their domicile there. The
reason for the relocation was that Mr Mulenga took up an offer as a senior executive of a
large retail company based in South Africa. Two children were born of the marriage and
Mrs Mulenga cared for them full time. In 2022, Mrs Mulenga instituted divorce
proceedings against Mr Mulenga in the South Gauteng High Court.
1.1 Formal validity of marriage
Under South African private international law, a marriage solemnised abroad is valid if it
complied with the laws of the place of celebration (lex loci celebrationis) at the time of the
ceremony.In M v M (Free State HC) the court reaffirmed that “a marriage concluded in a
foreign country is by law determined by the lex loci celebrationis and is recognised as
valid by our courts as long as there were no legal impediments to the marriage”. Thus, if
Spouses A and B married in Country X, SA courts will uphold that marriage’s formal
validity if it was valid under Country X’s law at that time. Exceptions exist if the marriage
contravenes fundamental South African public policy for example, if it involved incest or
bigamy prohibited in SA. (Customary marriages are separately governed by the
PORTFOLIO 2025
DUE DATE: 17 OCTOBER 2025
, LJU4804 Private International Law: Oct/Nov 2025 Portfolio Exam
The portfolio runs from 10 – 17 October 2025.
Question 1
Instructions: Read the set of facts below and answer the questions that follow.
Patrick and Ruth Mulenga got married in Zanzibar (Tanzania) in December 1982. At the
time of entering into the marriage they were both Zambian citizens and domiciled in
Zambia. Mrs Mulenga was seventeen years old and Mr Mulenga was thirty years old
when they got married. They entered into an antenuptial contract excluding community of
property and all forms of profit sharing. Shortly after concluding the marriage, the parties
relocated to Johannesburg (South Africa) and established their domicile there. The
reason for the relocation was that Mr Mulenga took up an offer as a senior executive of a
large retail company based in South Africa. Two children were born of the marriage and
Mrs Mulenga cared for them full time. In 2022, Mrs Mulenga instituted divorce
proceedings against Mr Mulenga in the South Gauteng High Court.
1.1 Formal validity of marriage
Under South African private international law, a marriage solemnised abroad is valid if it
complied with the laws of the place of celebration (lex loci celebrationis) at the time of the
ceremony.In M v M (Free State HC) the court reaffirmed that “a marriage concluded in a
foreign country is by law determined by the lex loci celebrationis and is recognised as
valid by our courts as long as there were no legal impediments to the marriage”. Thus, if
Spouses A and B married in Country X, SA courts will uphold that marriage’s formal
validity if it was valid under Country X’s law at that time. Exceptions exist if the marriage
contravenes fundamental South African public policy for example, if it involved incest or
bigamy prohibited in SA. (Customary marriages are separately governed by the
