ASSIGNMENT 1
DUE DATE: 7 SEPTEMBER 2026
, PVL2601 ASSIGNMENT 1 2026
DUE 7 SEPTEMBER 2026
Question 1 Mr Xitsonga, a Tsonga man, entered into an unregistered customary
marriage with his wife on 13 March 1999. In December 2022, Mrs Xitsonga learnt
that her husband had paid lobolo for Ms Ntswaki and that they had celebrated a
traditional wedding. In January 2023, Mr Xitsonga and Ms Ntswaki went to the
offices of the Department of Home Affairs, and they entered into a civil marriage.
Mrs Xitsonga approaches you and requests information about the following:
Answer the following questions: (a) Is her customary marriage legally recognised
and, if yes, which Act regulates her marriage?
(a) Recognition of Mrs Xitsonga's Customary Marriage
Yes, Mrs Xitsonga's customary marriage is legally recognised. It is regulated by the
Recognition of Customary Marriages Act 120 of 1998
(Heaton & Kruger, 2024, Chapter 17). Although the marriage was concluded before the
Act came into operation on 15 November 2000, section 2(1) of the Recognition Act
recognises all customary marriages that were valid under customary law at the time of
their conclusion
(Recognition of Customary Marriages Act 120 of 1998, s 2(1); Heaton & Kruger, 2024,
p. 262).