IND2601
ASSIGNMENT 1 (SEMESTER 1)
DUE 11 MARCH 2026
QUESTIONS
(a) Did a valid customary marriage come into being between Bantu and Dineo?
ANSWER:
The validity of a customary marriage concluded in June 1999 must be determined with
reference to the Recognition of Customary Marriages Act 120 of 1998 (RCMA), which
came into operation on 15 November 2000.1 Since the marriage in question was
concluded before the commencement of the Act, it qualifies as a pre-Act customary
marriage. The validity of such a marriage is governed by the customary law applicable
at the time of its conclusion, subject to constitutional principles and subsequent
statutory recognition.2
In terms of section 2(1) of the RCMA, a customary marriage entered into before the
commencement of the Act is recognised as valid if it was valid in terms of customary law
at the time it was concluded.3 Therefore, the central question is whether the
requirements for a valid customary marriage under living customary law were satisfied
in June 1999.
Under customary law, the essential requirements for a valid marriage generally include:
(i) consent of both prospective spouses, (ii) consent or participation of their families, (iii)
1
C Rautenbach et al, Introduction to Legal Pluralism in South Africa (6th edn, LexisNexis 2023) ch 4.
2
Recognition of Customary Marriages Act 120 of 1998 (RCMA) s 2(1).
3
RCMA s 2(1).
Disclaimer:
All materials are for study assistance only. We do not condone academic dishonesty. Use at your own risk.
We are not liable for any consequences arising from misuse.
Redistribution, resale, or sharing without permission is prohibited.
ASSIGNMENT 1 (SEMESTER 1)
DUE 11 MARCH 2026
QUESTIONS
(a) Did a valid customary marriage come into being between Bantu and Dineo?
ANSWER:
The validity of a customary marriage concluded in June 1999 must be determined with
reference to the Recognition of Customary Marriages Act 120 of 1998 (RCMA), which
came into operation on 15 November 2000.1 Since the marriage in question was
concluded before the commencement of the Act, it qualifies as a pre-Act customary
marriage. The validity of such a marriage is governed by the customary law applicable
at the time of its conclusion, subject to constitutional principles and subsequent
statutory recognition.2
In terms of section 2(1) of the RCMA, a customary marriage entered into before the
commencement of the Act is recognised as valid if it was valid in terms of customary law
at the time it was concluded.3 Therefore, the central question is whether the
requirements for a valid customary marriage under living customary law were satisfied
in June 1999.
Under customary law, the essential requirements for a valid marriage generally include:
(i) consent of both prospective spouses, (ii) consent or participation of their families, (iii)
1
C Rautenbach et al, Introduction to Legal Pluralism in South Africa (6th edn, LexisNexis 2023) ch 4.
2
Recognition of Customary Marriages Act 120 of 1998 (RCMA) s 2(1).
3
RCMA s 2(1).
Disclaimer:
All materials are for study assistance only. We do not condone academic dishonesty. Use at your own risk.
We are not liable for any consequences arising from misuse.
Redistribution, resale, or sharing without permission is prohibited.
