, IND2601 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 - DUE 10 September 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
Question 1
Sello married Mapule by customary law on January 1999. He later married Mpume also
by customary law rites on 10 December 2006. Three girls were born from the marriage
withMapule and two boys were born from the marriage with Mpume. At the time when
he married Mpume, Sello used the property allotted to the house of Mapule to provide
lobolo for Mpume. The lobolo received from the customary marriage for one of his
daughters of Mapule was also used to settle lobolo for one of the sons of Mpume.Sello,
Mapule and Mpume approach you for advice regarding the following issues:
1.1 The proprietary consequences of the customary marriage between
Sello and Mapule. (5)
Sello and Mapule entered into a valid customary marriage in
January 1999, which falls after the Recognition of Customary
Marriages Act came into operation (15 November 2000) but
before its commencement.
Under the Recognition of Customary Marriages Act, all
customary marriages that were valid under customary law are
recognized as valid marriages.
Unless the spouses enter into an antenuptial contract, a
customary marriage is in community of property and of profit
and loss, as per section 7(2) of the Act.
However, since Sello and Mapule married before the Act came
into operation (pre-Act marriage), section 7(1) applies. This means
the marriage's proprietary consequences continue to be
governed by customary law.
Semester 2 2025 - DUE 10 September 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
Question 1
Sello married Mapule by customary law on January 1999. He later married Mpume also
by customary law rites on 10 December 2006. Three girls were born from the marriage
withMapule and two boys were born from the marriage with Mpume. At the time when
he married Mpume, Sello used the property allotted to the house of Mapule to provide
lobolo for Mpume. The lobolo received from the customary marriage for one of his
daughters of Mapule was also used to settle lobolo for one of the sons of Mpume.Sello,
Mapule and Mpume approach you for advice regarding the following issues:
1.1 The proprietary consequences of the customary marriage between
Sello and Mapule. (5)
Sello and Mapule entered into a valid customary marriage in
January 1999, which falls after the Recognition of Customary
Marriages Act came into operation (15 November 2000) but
before its commencement.
Under the Recognition of Customary Marriages Act, all
customary marriages that were valid under customary law are
recognized as valid marriages.
Unless the spouses enter into an antenuptial contract, a
customary marriage is in community of property and of profit
and loss, as per section 7(2) of the Act.
However, since Sello and Mapule married before the Act came
into operation (pre-Act marriage), section 7(1) applies. This means
the marriage's proprietary consequences continue to be
governed by customary law.