IND2601
ASSIGNMENT 1
DUE DATE: 10 SEPT 2025
, IND2601
ASSIGNMENT 1 2025
DUE 10 SEPTEMBER 2025
QUESTIONS
Question 1
Sello married Mapule by customary law on January 1999. He later married Mpume
also by customary law rites on 10 December 2006. Three girls were born from the
marriage with Mapule and two boys were born from the marriage with Mpume. At the
time when he married Mpume, Sello used the property allotted to the house of
Mapule to provide lobolo for Mpume. The lobolo received from the customary
marriage for one of his daughters of Mapule was also used to settle lobolo for one
of the sons of Mpume.
Sello, Mapule and Mpume approach you for advice regarding the following issues:
1.1 The proprietary consequences of the customary marriage between Sello
and Mapule.
In terms of section 7(1) of the Recognition of Customary Marriages Act 120 of 1998
(RCMA), a customary marriage entered into before the Act’s commencement (i.e.
before 15 November 2000) continues to be governed by customary law. Sello’s
marriage to Mapule in January 1999 falls into this category. As such, this marriage is
not automatically in or out of community of property but is regulated according to
customary principles.
Under customary law, each wife and her children form a separate house. The
property allotted to that house (including livestock, household assets, and lobolo
proceeds) is managed by the husband on behalf of the house, but he must consult
the wife and adult children in its administration. However, the wife does not have
legal authority to dispose of the property without the husband's involvement.
ASSIGNMENT 1
DUE DATE: 10 SEPT 2025
, IND2601
ASSIGNMENT 1 2025
DUE 10 SEPTEMBER 2025
QUESTIONS
Question 1
Sello married Mapule by customary law on January 1999. He later married Mpume
also by customary law rites on 10 December 2006. Three girls were born from the
marriage with Mapule and two boys were born from the marriage with Mpume. At the
time when he married Mpume, Sello used the property allotted to the house of
Mapule to provide lobolo for Mpume. The lobolo received from the customary
marriage for one of his daughters of Mapule was also used to settle lobolo for one
of the sons of Mpume.
Sello, Mapule and Mpume approach you for advice regarding the following issues:
1.1 The proprietary consequences of the customary marriage between Sello
and Mapule.
In terms of section 7(1) of the Recognition of Customary Marriages Act 120 of 1998
(RCMA), a customary marriage entered into before the Act’s commencement (i.e.
before 15 November 2000) continues to be governed by customary law. Sello’s
marriage to Mapule in January 1999 falls into this category. As such, this marriage is
not automatically in or out of community of property but is regulated according to
customary principles.
Under customary law, each wife and her children form a separate house. The
property allotted to that house (including livestock, household assets, and lobolo
proceeds) is managed by the husband on behalf of the house, but he must consult
the wife and adult children in its administration. However, the wife does not have
legal authority to dispose of the property without the husband's involvement.
