LJU4804
MAY/JUNE EXAM
MEMO | DUE 9 -
16 MAY 2025
NO PLAGIARISM
[School]
[Course title]
,QUESTION 1 Instructions: Read the set of facts below and answer the
questions that follow. Michael and Martha Kumwenda got married in
Mauritius in December 1983. They concluded an antenuptial contract
excluding all forms of accrual and of profit and loss. At that time, they were
Zambian citizens and Martha was domiciled in Lusaka and working there as a
senior accountant, while Michael was working in New York on a two-year
fixed term contract with the possibility of further renewal. They relocated to
Johannesburg in January 1985 and established a domicile there. Michael
assumed the position of chief operations officer (COO) of a cellular service
provider and Martha obtained a position as chartered accountant at Deloitte.
One child with special needs was born from the marriage in 1995 and Martha
resigned from her work to look after him full-time. In 2023, Martha filed for
divorce in the South Gauteng High Court. She also applied for a redistribution
of assets. 1.1 Which legal system applies to the formal validity of Michael
and Martha’s marriage in terms of the South African rules of private
international law? (2)
1.1 Answer:
The legal system that applies to the formal validity of Michael and Martha’s marriage, in terms
of South African private international law, is the law of the place where the marriage was
concluded — this is known as the lex loci celebrationis.
Since the marriage was concluded in Mauritius, the formal validity of their marriage will be
governed by the laws of Mauritius.
✅ Correct answer: The law of Mauritius applies, as it is the place where the marriage was
formally concluded.
1.1 Answer:
The formal validity of a marriage in terms of South African private international law is
governed by the lex loci celebrationis — that is, the law of the place where the marriage was
celebrated.
Since Michael and Martha Kumwenda got married in Mauritius in December 1983, the legal
system of Mauritius applies to the formal validity of their marriage.
,This means that as long as the marriage complied with the formal requirements of Mauritian
law at the time (e.g. procedures, consents, registration), it will be formally valid in South Africa.
1.2.1 Which legal system applies to the material validity of Michael and
Martha’s marriage in terms of the South African rules of private international
law? (2)
1.2.1 Answer:
The material validity of a marriage — which includes capacity to marry (e.g. age, consent,
absence of prior marriages) — is governed by the law of the domicile of each party at the time
of the marriage, according to South African private international law.
At the time of the marriage in 1983:
Martha was domiciled in Lusaka, Zambia
Michael was working in New York, but since he was on a fixed-term contract, his
domicile of origin or choice needs to be determined — likely still Zambia unless he had
formed an intention to settle permanently elsewhere.
Therefore, the Zambian legal system would most likely apply to the material validity for both
spouses, assuming neither had acquired a domicile elsewhere.
Conclusion:
The Zambian legal system applies to the material validity of Michael and Martha’s marriage.
1.2.1 Answer:
, The legal system that applies to the material validity of Michael and Martha’s marriage,
according to South African private international law, is the law of each party’s domicile at the
time of the marriage.
At the time of the marriage:
Martha was domiciled in Lusaka, Zambia, and
Michael was likely still domiciled in Zambia, despite working temporarily in New York
on a fixed-term contract.
Therefore, the material validity of the marriage is governed by Zambian law, which was the law
of their respective domiciles at the time.
✅ Answer: The law of Zambia (law of the parties’ domiciles at the time of marriage).
(2 marks)
1.2.1 Answer:
The material validity of a marriage — which includes aspects such as the capacity of the parties
to marry — is governed by each party’s lex domicilii at the time of the marriage, according to
South African private international law.
At the time of the marriage in December 1983:
Martha was domiciled in Lusaka, Zambia
Michael, although working in New York, was still a Zambian citizen, and there's no
indication that he had abandoned his Zambian domicile
✅ Correct answer: The law of Zambia applies to the material validity of Michael and
Martha’s marriage, as both parties were domiciled in Zambia at the time of marriage.
1.2.2 Provide a brief discussion of the exceptions to the rule in 1.2.1. (6)
MAY/JUNE EXAM
MEMO | DUE 9 -
16 MAY 2025
NO PLAGIARISM
[School]
[Course title]
,QUESTION 1 Instructions: Read the set of facts below and answer the
questions that follow. Michael and Martha Kumwenda got married in
Mauritius in December 1983. They concluded an antenuptial contract
excluding all forms of accrual and of profit and loss. At that time, they were
Zambian citizens and Martha was domiciled in Lusaka and working there as a
senior accountant, while Michael was working in New York on a two-year
fixed term contract with the possibility of further renewal. They relocated to
Johannesburg in January 1985 and established a domicile there. Michael
assumed the position of chief operations officer (COO) of a cellular service
provider and Martha obtained a position as chartered accountant at Deloitte.
One child with special needs was born from the marriage in 1995 and Martha
resigned from her work to look after him full-time. In 2023, Martha filed for
divorce in the South Gauteng High Court. She also applied for a redistribution
of assets. 1.1 Which legal system applies to the formal validity of Michael
and Martha’s marriage in terms of the South African rules of private
international law? (2)
1.1 Answer:
The legal system that applies to the formal validity of Michael and Martha’s marriage, in terms
of South African private international law, is the law of the place where the marriage was
concluded — this is known as the lex loci celebrationis.
Since the marriage was concluded in Mauritius, the formal validity of their marriage will be
governed by the laws of Mauritius.
✅ Correct answer: The law of Mauritius applies, as it is the place where the marriage was
formally concluded.
1.1 Answer:
The formal validity of a marriage in terms of South African private international law is
governed by the lex loci celebrationis — that is, the law of the place where the marriage was
celebrated.
Since Michael and Martha Kumwenda got married in Mauritius in December 1983, the legal
system of Mauritius applies to the formal validity of their marriage.
,This means that as long as the marriage complied with the formal requirements of Mauritian
law at the time (e.g. procedures, consents, registration), it will be formally valid in South Africa.
1.2.1 Which legal system applies to the material validity of Michael and
Martha’s marriage in terms of the South African rules of private international
law? (2)
1.2.1 Answer:
The material validity of a marriage — which includes capacity to marry (e.g. age, consent,
absence of prior marriages) — is governed by the law of the domicile of each party at the time
of the marriage, according to South African private international law.
At the time of the marriage in 1983:
Martha was domiciled in Lusaka, Zambia
Michael was working in New York, but since he was on a fixed-term contract, his
domicile of origin or choice needs to be determined — likely still Zambia unless he had
formed an intention to settle permanently elsewhere.
Therefore, the Zambian legal system would most likely apply to the material validity for both
spouses, assuming neither had acquired a domicile elsewhere.
Conclusion:
The Zambian legal system applies to the material validity of Michael and Martha’s marriage.
1.2.1 Answer:
, The legal system that applies to the material validity of Michael and Martha’s marriage,
according to South African private international law, is the law of each party’s domicile at the
time of the marriage.
At the time of the marriage:
Martha was domiciled in Lusaka, Zambia, and
Michael was likely still domiciled in Zambia, despite working temporarily in New York
on a fixed-term contract.
Therefore, the material validity of the marriage is governed by Zambian law, which was the law
of their respective domiciles at the time.
✅ Answer: The law of Zambia (law of the parties’ domiciles at the time of marriage).
(2 marks)
1.2.1 Answer:
The material validity of a marriage — which includes aspects such as the capacity of the parties
to marry — is governed by each party’s lex domicilii at the time of the marriage, according to
South African private international law.
At the time of the marriage in December 1983:
Martha was domiciled in Lusaka, Zambia
Michael, although working in New York, was still a Zambian citizen, and there's no
indication that he had abandoned his Zambian domicile
✅ Correct answer: The law of Zambia applies to the material validity of Michael and
Martha’s marriage, as both parties were domiciled in Zambia at the time of marriage.
1.2.2 Provide a brief discussion of the exceptions to the rule in 1.2.1. (6)
