IND2601
ASSIGNMENT 1 (SEMESTER 2)
DUE DATE: 4 September 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than September 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
1. Discuss the case and judgement in the case of Gumede v President of the Republic of South
Africa & others (CCT 50/08 [2008] ZACC 23, 2009(3) BCLR 243, whilst addressing the following:
(i) The Facts of the Case (5)
ANSWER:
The case of Gumede v President of the Republic of South Africa & Others dealt with the
constitutionality of certain provisions of the Recognition of Customary Marriages Act 120 of
1998 (the Act). Mrs. Caroline Gumede, the applicant, was married to her husband, Mr. Gumede,
under customary law in 1968. Their marriage was governed by the KwaZulu Act on the Code of
Zulu Law and the Natal Code of Zulu Law, which effectively rendered the husband the sole owner
of all family property. This regime placed women in a disadvantageous position, particularly in
cases of divorce or death of the husband, as they had no claim to the property.
Upon seeking a divorce, Mrs. Gumede challenged the constitutionality of these laws, arguing
that they were discriminatory and infringed upon her rights to equality and dignity as enshrined
in the Constitution of South Africa. The challenge was directed specifically at sections 7(1) and
7(2) of the Recognition of Customary Marriages Act, which differentiated between marriages
entered into before and after the commencement of the Act.
ASSIGNMENT 1 (SEMESTER 2)
DUE DATE: 4 September 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than September 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
1. Discuss the case and judgement in the case of Gumede v President of the Republic of South
Africa & others (CCT 50/08 [2008] ZACC 23, 2009(3) BCLR 243, whilst addressing the following:
(i) The Facts of the Case (5)
ANSWER:
The case of Gumede v President of the Republic of South Africa & Others dealt with the
constitutionality of certain provisions of the Recognition of Customary Marriages Act 120 of
1998 (the Act). Mrs. Caroline Gumede, the applicant, was married to her husband, Mr. Gumede,
under customary law in 1968. Their marriage was governed by the KwaZulu Act on the Code of
Zulu Law and the Natal Code of Zulu Law, which effectively rendered the husband the sole owner
of all family property. This regime placed women in a disadvantageous position, particularly in
cases of divorce or death of the husband, as they had no claim to the property.
Upon seeking a divorce, Mrs. Gumede challenged the constitutionality of these laws, arguing
that they were discriminatory and infringed upon her rights to equality and dignity as enshrined
in the Constitution of South Africa. The challenge was directed specifically at sections 7(1) and
7(2) of the Recognition of Customary Marriages Act, which differentiated between marriages
entered into before and after the commencement of the Act.
