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IND2601 Assignment 1 Semester 1 2026 (Answer Guide) - DUE 11
March 2026
VERIFIED AND CERTIFIED ANSWERS. WRITTEN IN REQUIRED FORMAT AND WITHIN
GIVEN GUIDELINES. IT IS GOOD TO USE AS A GUIDE AND FOR REFERENCE, NEVER
PLAGARIZE. Thank you and success in your academics.
UNISA, 2026
Contents
(a) Did a valid customary marriage come into being between Bantu and Dineo? (10)..2
(b) Would a legally valid marriage have come into being between Bantu and Dineo if
they concluded their marriage on 14 September 2010? Give detailed legal reasons.
(10) ............................................................................................................................................4
(c) Advice to Bantu and Thandeka on whether the provisions of the Recognition of
Customary Marriages Act 120 of 1998 were complied with, with reference to one
relevant case (10) ...................................................................................................................7
Reference List .........................................................................................................................9
, 2|Page
(a) Did a valid customary marriage come into being between Bantu and Dineo?
(10)
To determine whether a valid customary marriage came into existence between
Bantu and Dineo, the facts must be evaluated against the statutory requirements for a
customary marriage as set out in the Recognition of Customary Marriages Act 120
of 1998 (RCMA), as well as relevant principles of living customary law.
1. Applicable legal framework
Section 3(1) of the RCMA provides that a customary marriage entered into after the
commencement of the Act (15 November 2000) is valid if the following requirements are
met:
The prospective spouses must both be above the age of 18 years;
They must consent to be married to each other under customary law; and
The marriage must be negotiated, entered into, or celebrated in accordance
with customary law (RCMA 1998 s 3(1)).
Although the events in the hypothetical case occurred in June 1999, which is before the
commencement of the RCMA, section 2 of the Act recognises customary marriages that
were valid according to customary law at the time they were concluded (RCMA 1998
s 2(1)). Therefore, the key question is whether the requirements of customary law as it
existed in 1999 were satisfied.
2. Consent of the parties
From the facts, it is clear that both families concluded an agreement regarding lobolo,
and there is no indication that either Bantu or Dineo objected to the marriage. The
conclusion of lobolo negotiations and Dineo’s subsequent relocation to Bantu’s family
strongly suggest consent by both parties, which is a core requirement of a valid
customary marriage (Himonga and Nhlapo 2014).
IND2601 Assignment 1 Semester 1 2026 (Answer Guide) - DUE 11
March 2026
VERIFIED AND CERTIFIED ANSWERS. WRITTEN IN REQUIRED FORMAT AND WITHIN
GIVEN GUIDELINES. IT IS GOOD TO USE AS A GUIDE AND FOR REFERENCE, NEVER
PLAGARIZE. Thank you and success in your academics.
UNISA, 2026
Contents
(a) Did a valid customary marriage come into being between Bantu and Dineo? (10)..2
(b) Would a legally valid marriage have come into being between Bantu and Dineo if
they concluded their marriage on 14 September 2010? Give detailed legal reasons.
(10) ............................................................................................................................................4
(c) Advice to Bantu and Thandeka on whether the provisions of the Recognition of
Customary Marriages Act 120 of 1998 were complied with, with reference to one
relevant case (10) ...................................................................................................................7
Reference List .........................................................................................................................9
, 2|Page
(a) Did a valid customary marriage come into being between Bantu and Dineo?
(10)
To determine whether a valid customary marriage came into existence between
Bantu and Dineo, the facts must be evaluated against the statutory requirements for a
customary marriage as set out in the Recognition of Customary Marriages Act 120
of 1998 (RCMA), as well as relevant principles of living customary law.
1. Applicable legal framework
Section 3(1) of the RCMA provides that a customary marriage entered into after the
commencement of the Act (15 November 2000) is valid if the following requirements are
met:
The prospective spouses must both be above the age of 18 years;
They must consent to be married to each other under customary law; and
The marriage must be negotiated, entered into, or celebrated in accordance
with customary law (RCMA 1998 s 3(1)).
Although the events in the hypothetical case occurred in June 1999, which is before the
commencement of the RCMA, section 2 of the Act recognises customary marriages that
were valid according to customary law at the time they were concluded (RCMA 1998
s 2(1)). Therefore, the key question is whether the requirements of customary law as it
existed in 1999 were satisfied.
2. Consent of the parties
From the facts, it is clear that both families concluded an agreement regarding lobolo,
and there is no indication that either Bantu or Dineo objected to the marriage. The
conclusion of lobolo negotiations and Dineo’s subsequent relocation to Bantu’s family
strongly suggest consent by both parties, which is a core requirement of a valid
customary marriage (Himonga and Nhlapo 2014).
