IND2601
Assignment 1
(COMPLETE
ANSWERS)
Research expert [Date] [Course title]
, 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)
Sello and Mapule married in January 1999, which is before the Recognition of Customary
Marriages Act 120 of 1998 came into operation on 15 November 2000.
According to the Act:
Customary marriages entered before 15 November 2000 continue to be governed by
customary law.
Thus, the property system is one of house property and family property:
o Each wife and her children form a house, with property allotted to that house.
o There is also general family property controlled by the husband.
Therefore, Sello and Mapule’s marriage is governed by customary law property rules, not by
community of property.
Assignment 1
(COMPLETE
ANSWERS)
Research expert [Date] [Course title]
, 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)
Sello and Mapule married in January 1999, which is before the Recognition of Customary
Marriages Act 120 of 1998 came into operation on 15 November 2000.
According to the Act:
Customary marriages entered before 15 November 2000 continue to be governed by
customary law.
Thus, the property system is one of house property and family property:
o Each wife and her children form a house, with property allotted to that house.
o There is also general family property controlled by the husband.
Therefore, Sello and Mapule’s marriage is governed by customary law property rules, not by
community of property.
