, CSL2601
ASSIGNMENT 1 SEMESTER 1 2026
DUE DATE: MARCH 2026
(a) Did a valid customary marriage come into being between Bantu and Dineo in June
1999? (10)
Yes –
a valid customary marriage came into being in June 1999 and is recognised under
the Recognition of Customary Marriages Act 120 of 1998 (RCMA).
Legal framework governing pre-RCMA marriages
o The RCMA commenced on 15 November 2000.
o Section 2(1) provides retrospective recognition: any customary marriage
concluded before 15 November 2000 is valid for all purposes if it was valid in
terms of the customary law applicable at the time of conclusion.
o Validity must therefore be tested against living customary law as it existed
in June 1999, not against the post-2000 statutory requirements in section 3.
o This retrospective provision was deliberately included to avoid invalidating
millions of pre-existing customary unions, many of which had been denied full
legal status under colonial and apartheid-era laws.
Essential requirements of a valid customary marriage under living customary
law in 1999
o Agreement / consensus between the two families (umthetho / ukucela).
o Payment of lobolo (or firm agreement to pay lobolo) – symbolic of alliance
between families, not a purchase.
o Integration / handing over of the bride into the groom’s family (ukumekeza,
ukungenwa, or equivalent ritual / symbolic act).
ASSIGNMENT 1 SEMESTER 1 2026
DUE DATE: MARCH 2026
(a) Did a valid customary marriage come into being between Bantu and Dineo in June
1999? (10)
Yes –
a valid customary marriage came into being in June 1999 and is recognised under
the Recognition of Customary Marriages Act 120 of 1998 (RCMA).
Legal framework governing pre-RCMA marriages
o The RCMA commenced on 15 November 2000.
o Section 2(1) provides retrospective recognition: any customary marriage
concluded before 15 November 2000 is valid for all purposes if it was valid in
terms of the customary law applicable at the time of conclusion.
o Validity must therefore be tested against living customary law as it existed
in June 1999, not against the post-2000 statutory requirements in section 3.
o This retrospective provision was deliberately included to avoid invalidating
millions of pre-existing customary unions, many of which had been denied full
legal status under colonial and apartheid-era laws.
Essential requirements of a valid customary marriage under living customary
law in 1999
o Agreement / consensus between the two families (umthetho / ukucela).
o Payment of lobolo (or firm agreement to pay lobolo) – symbolic of alliance
between families, not a purchase.
o Integration / handing over of the bride into the groom’s family (ukumekeza,
ukungenwa, or equivalent ritual / symbolic act).
