RRLLB81 Assignment 2 (DETAILED ANSWERS) Semester 2 2025 - The Constitutional disparages in arranged marriages for disabled persons

RRLLB81 Assignment 2 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ,... The Constitutional disparages in arranged marriages for disabled persons A marriage is an agreement to commit to a union with another person. The decision to marry is very much personal and it lies with the person intending to marry another. There are, however, traditions where arranged marriages are conducted quite frequently. This RRLLB81/103/2/2025 57 phenomenon is therefore not alien or a strange practice. There are instances where an arranged marriage could be completed for disabled individual. To be precise, a marriage could be arranged between a mentality disable person and another. The issue of consent looms large in the matter. To establish a binding agreement, there should be consent between the contracting parties. Marriage is a contract which two parties should consent to. Can the mentally disabled person appreciate the consent that triggers a valid marriage? Should the arranged marriage between a disabled person and another be legally binding considering the mental faculties of the parties? Provide your own legal opinions regarding this matter, pay much regard to the underlying laws. Cases Prinsloo’s Curators Bonis v Crafford and Prinsloo 1905 TS 669 Martinson v Brown 1961 (4) SA 109 (C) Books Heaton J and Kruger H, South African Family Law (4th edn, LexisNexis 2015) Van Heerden B, Skelton A and Du Toit Z (eds), Family Law in South Africa (2nd edn, Oxford University press 2021) Legislation Mental Health Care Act, 17 of 2002 Marriage Act 25 of 1961 Recognition of Customary Marriages Act 120 of 1998 Treaties Convention on the Rights of Persons with Disabilities, 2006 Journal Articles Labuschagne JMT, Bekker JC and Boonzaaier CC, ‘Legal Capacity of Mentally Ill Persons in African Societies’ (2003) 36 CILSA 106 West A and Bekker JC, ‘Possible Consequences of Declaring Civil and Customary Marriages Void’ (2012) 33 Obiter 351