LCP4804 - Advanced Indigenous Law
exam review with certified solutions
2025.
Terms in this set (14)
,entails a situation where a relative of a Ukufakwa
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 Legal q - Mabuza v Mbatha
Whether seSwati customary
marriages can be valid 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
exam review with certified solutions
2025.
Terms in this set (14)
,entails a situation where a relative of a Ukufakwa
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 Legal q - Mabuza v Mbatha
Whether seSwati customary
marriages can be valid 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
