Assignment 1 Semester 1 2026
Unique number:
Due Date: 11 March 2026
QUESTION A
Yes, a valid customary marriage came into being between Bantu and Dineo in June 1999.
Because the marriage was entered into before 15 November 2000, its validity must be
assessed according to the requirements of traditional customary law, not section 3 of the
Recognition of Customary Marriages Act 120 of 1998.1 The facts indicate that the essential
legal requirements for a valid traditional customary marriage were satisfied.
First, there is clear consensus between the two family groups. The families concluded an
agreement regulating the marriage, including the identity of the parties and the lobolo to be
delivered. Consensus between the family groups is an absolute requirement for a valid
customary marriage, and this requirement is clearly present on the facts.1
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