IND2601
ASSIGNMENT 1 2025
UNIQUE NO.
DUE DATE: 10 SEPTEMBER 2025
, Question 1
Scenario:
Sello married Mapule in January 1999 under customary law and later married Mpume in
December 2006 under the same rites. He used property allotted to Mapule’s house to
pay lobolo for Mpume and also used lobolo from Mapule’s daughter to pay lobolo for
Mpume’s son’s wife.
1.1 Proprietary consequences of the customary marriage between Sello and
Mapule
The Recognition of Customary Marriages Act 120 of 1998 (RCMA) governs the
proprietary consequences of customary marriages in South Africa. Since Sello and
Mapule married in January 1999, their marriage occurred before the RCMA came into
effect on 15 November 2000.
Customary marriages entered into before the commencement of the RCMA
retain their proprietary consequences under customary law, unless the
spouses later apply to change them in terms of section 7(4) of the Act.¹
Under customary law, property is generally allocated according to the house
system, where each wife and her children constitute a separate house.²
Therefore, the property of Mapule’s house remains primarily for her and her
children, although Sello retains overall control as the head of the family.³
Answer:
The proprietary consequences are regulated by customary law: Mapule and her
children are entitled to the property of their house, but Sello has the overall control as
the head of the family.
ASSIGNMENT 1 2025
UNIQUE NO.
DUE DATE: 10 SEPTEMBER 2025
, Question 1
Scenario:
Sello married Mapule in January 1999 under customary law and later married Mpume in
December 2006 under the same rites. He used property allotted to Mapule’s house to
pay lobolo for Mpume and also used lobolo from Mapule’s daughter to pay lobolo for
Mpume’s son’s wife.
1.1 Proprietary consequences of the customary marriage between Sello and
Mapule
The Recognition of Customary Marriages Act 120 of 1998 (RCMA) governs the
proprietary consequences of customary marriages in South Africa. Since Sello and
Mapule married in January 1999, their marriage occurred before the RCMA came into
effect on 15 November 2000.
Customary marriages entered into before the commencement of the RCMA
retain their proprietary consequences under customary law, unless the
spouses later apply to change them in terms of section 7(4) of the Act.¹
Under customary law, property is generally allocated according to the house
system, where each wife and her children constitute a separate house.²
Therefore, the property of Mapule’s house remains primarily for her and her
children, although Sello retains overall control as the head of the family.³
Answer:
The proprietary consequences are regulated by customary law: Mapule and her
children are entitled to the property of their house, but Sello has the overall control as
the head of the family.
