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IND2601 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 - DUE 10 September 2025

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IND2601 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
10 September 2025
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100% TRUSTED WORKINGS, EXPLANATIONS & SOLUTIONS

, IND2601 Assignment 1 (COMPLETE
ANSWERS) Semester 2 2025 - DUE 10
September 2025
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. (5)

1.1 The Proprietary Consequences of the Customary Marriage between Sello
and Mapule (5 marks)

The proprietary consequences of the customary marriage between Sello and
Mapule, which was entered into in January 1999, must be considered in light of
the Recognition of Customary Marriages Act 120 of 1998 (RCMA), which
came into effect on 15 November 2000.

Key points to consider:

1. Marriage Date and Application of the Act:
o Sello and Mapule were married before the RCMA came into effect.
o Therefore, the proprietary consequences of their marriage are
governed by customary law, unless the couple later chose to register
or opt into a different matrimonial property regime.
2. Customary Law Regime (Pre-RCMA Marriages):
o Under customary law, marriages are generally out of community of
property, unless a particular custom dictates otherwise.

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