, IND2601 Assignment 1 Semester 2 2025 – DUE 10 September 2025; 100%
CORRECT AND TRUSTED SOLUTIONS
Question 1
Sello married Mapule by customary law in 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. Additionally, the lobolo received from
the customary marriage of one of his daughters with Mapule was 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)
The Recognition of Customary Marriages Act 120 of 1998 (RCMA) governs all
valid customary marriages entered into after the Act came into effect on 15
November 2000. However, it also recognises and validates customary
marriages entered into before the commencement of the Act, provided they
complied with the applicable customary law and practices at the time.
Sello married Mapule by customary law in January 1999, i.e., before the Act
came into effect. Therefore, their marriage is recognized as a valid customary
marriage under section 2 of the RCMA. However, since it was entered into prior
to 15 November 2000, the proprietary consequences of this marriage must be
determined according to customary law, unless the couple entered into a written
agreement specifying otherwise.
Under African customary law, traditional marriages are typically governed by a
house system and a multi-household structure in cases of polygynous unions.
Each wife establishes her own house, and property is generally allocated to specific
houses. The head of the family (usually the husband) is the custodian of the family
estate, but he must manage the property in a manner that reflects the interests of all
the houses fairly. The husband cannot freely dispose of property allocated to a
CORRECT AND TRUSTED SOLUTIONS
Question 1
Sello married Mapule by customary law in 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. Additionally, the lobolo received from
the customary marriage of one of his daughters with Mapule was 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)
The Recognition of Customary Marriages Act 120 of 1998 (RCMA) governs all
valid customary marriages entered into after the Act came into effect on 15
November 2000. However, it also recognises and validates customary
marriages entered into before the commencement of the Act, provided they
complied with the applicable customary law and practices at the time.
Sello married Mapule by customary law in January 1999, i.e., before the Act
came into effect. Therefore, their marriage is recognized as a valid customary
marriage under section 2 of the RCMA. However, since it was entered into prior
to 15 November 2000, the proprietary consequences of this marriage must be
determined according to customary law, unless the couple entered into a written
agreement specifying otherwise.
Under African customary law, traditional marriages are typically governed by a
house system and a multi-household structure in cases of polygynous unions.
Each wife establishes her own house, and property is generally allocated to specific
houses. The head of the family (usually the husband) is the custodian of the family
estate, but he must manage the property in a manner that reflects the interests of all
the houses fairly. The husband cannot freely dispose of property allocated to a
