Assignment 1 Semester 2 2025
2 2025
Unique Number:
Due date: September 2025
QUESTION 1
1.1.
Sello and Mapule were married by customary law in January 1999, which is after the
Recognition of Customary Marriages Act 120 of 1998 (RCMA) came into effect on 15
November 2000. However, even though the marriage occurred before the cut-off date, the
legal position has evolved due to constitutional challenges.
Initially, in terms of section 7(1) of the RCMA, customary marriages entered into before the
Act came into operation were governed by the rules of customary law. This meant that a
husband had control over all the family property, and separate houses (in cases of polygyny)
had their own property managed by the husband as head of the family. Women had no
independent property rights under this traditional system.1
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