LCP4804 - Advanced
Indigenous Law exam
update 2024
Ukufakwa - answer ✅✅entails a situation where a relative of a
woman's father (brother, uncle, cousin, nephew), takes the
responsibilities of the father and ensures that the customary
traditions and ceremonies related to the initiation and/or
marriage of the father's daughter are carried out as if the
relative himself was the father. This entitles the relative to a pro
rata portion of the value of the lobolo goods, expected from the
marriage goods deliverable when the daughter gets married, or
received as fines imposed as a result of delicts committed on
that daughter
The relative thereby gets entitled to such portion as of right,
directly from its source (that is, as the goods are identified for
, delivery as lobolo goods, the relevant portion already at that
stage, belongs to the relative. This is to say, that portion never
starts belonging to the father from the beginning and the father
does not have access to it. To the extent of this portion, the
relative becomes the father of the daughter in his own right. He
does not have to claim the portion from the property of the father
since it already belongs to him.
Mabuza v Mbatha - answer ✅✅Legal q - Whether seSwati
customary marriages canbe vaild without the observance of the
ukumekeza custom?
Reasons for judgement - a properly constituted customary
marriage can stand where the spouses waived the observance of
the ukumekeza custom, particularly as the urban conditions are
not even suitable for the performance of such a custom, which
was suitable for the rural conditions of the past
Decision of court - the validity of the customary marriage was
upheld
Mabena v Letsoalo - answer ✅✅Legal q - whether a customary
marriage is valud where a young man, in the absence of his
father, negociated his own customary marriage, togetther with
his prosepectice mother-in-law, who acted as the guardian of
the prospective bride, in the absence of her husband
Indigenous Law exam
update 2024
Ukufakwa - answer ✅✅entails a situation where a relative of a
woman's father (brother, uncle, cousin, nephew), takes the
responsibilities of the father and ensures that the customary
traditions and ceremonies related to the initiation and/or
marriage of the father's daughter are carried out as if the
relative himself was the father. This entitles the relative to a pro
rata portion of the value of the lobolo goods, expected from the
marriage goods deliverable when the daughter gets married, or
received as fines imposed as a result of delicts committed on
that daughter
The relative thereby gets entitled to such portion as of right,
directly from its source (that is, as the goods are identified for
, delivery as lobolo goods, the relevant portion already at that
stage, belongs to the relative. This is to say, that portion never
starts belonging to the father from the beginning and the father
does not have access to it. To the extent of this portion, the
relative becomes the father of the daughter in his own right. He
does not have to claim the portion from the property of the father
since it already belongs to him.
Mabuza v Mbatha - answer ✅✅Legal q - Whether seSwati
customary marriages canbe vaild without the observance of the
ukumekeza custom?
Reasons for judgement - a properly constituted customary
marriage can stand where the spouses waived the observance of
the ukumekeza custom, particularly as the urban conditions are
not even suitable for the performance of such a custom, which
was suitable for the rural conditions of the past
Decision of court - the validity of the customary marriage was
upheld
Mabena v Letsoalo - answer ✅✅Legal q - whether a customary
marriage is valud where a young man, in the absence of his
father, negociated his own customary marriage, togetther with
his prosepectice mother-in-law, who acted as the guardian of
the prospective bride, in the absence of her husband
