IND2601 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 10
September 2025
NO PLAGIARISM
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, Exam (elaborations)
IND2601 Assignment 1 (COMPLETE
ANSWERS) Semester 2 2025 - DUE 10
September 2025
Course
African Customary Law (IND2601)
Institution
University Of South Africa (Unisa)
Book
Introduction to Legal Pluralism in South Africa
IND2601 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 - DUE 10
September 2025; 100% TRUSTED Complete, trusted solutions and
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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)
A key detail in this scenario is the date of the marriage between Sello and Mapule. They married
in January 1999, which was before the Recognition of Customary Marriages Act 120 of 1998
(RCMA) came into effect on 15 November 2000. This places their marriage in a special
category, often referred to as a "pre-Act" marriage.
Proprietary Consequences of the First Marriage
The proprietary consequences of the customary marriage between Sello and Mapule are
governed by customary law, as modified by judicial precedent. According to Section 7(1) of the
RCMA, the proprietary consequences of a customary marriage entered into before the
commencement of the Act (November 15, 2000) continue to be governed by customary law.
However, this has been subject to significant legal challenges.
Historically, customary law marriages, especially polygamous ones, were not in community of
property. A husband typically had control over all marital property. However, this was