RRLLB81 Assignment 2 (Constitutional Law in
Arranged Marriages for Disabled Persons) STUDY
GUIDE 2025/2026 || DETAILED ANSWERS &
ANALYSIS <LATEST>
RRLLB81 Assignment 2: Study Guide MCQAs
Instructions: These questions are designed to test your understanding of the constitutional
principles, relevant legislation, and case law pertaining to the rights of persons with disabilities
within the custom of arranged marriages. Choose the best possible answer for each question.
1. The primary constitutional tension in cases involving arranged marriages for disabled
persons is between:
a) Federal law and provincial law.
b) The right to equality and the right to cultural tradition.
c) Criminal law and civil law.
d) Parental authority and religious doctrine.
Answer: b) The right to equality and the right to cultural tradition.
Analysis: The core conflict lies in Section 9 of the Constitution (equality and non-discrimination
based on disability) versus Section 15(3)(a)(i) and 31, which protect cultural, religious, and
linguistic communities and the right to participate in their cultural life. The court must balance
these rights to ensure cultural practices do not undermine the fundamental dignity and equality
of disabled individuals.
2. The legal standard for capacity to marry, as established in common law, is primarily
concerned with:
a) The ability to financially support a spouse.
b) Understanding the nature of the marriage contract and the duties and responsibilities it
creates.
c) Obtaining parental consent.
d) Physical ability to consummate the marriage.
Answer: b) Understanding the nature of the marriage contract and the duties and
responsibilities it creates.
, Analysis: The test is cognitive, not physical or financial. The individual must understand they are
entering a contract that creates a permanent, monogamous relationship with specific legal
consequences regarding property, support, and cohabitation.
3. In the context of a arranged marriage for a person with an intellectual disability,
"supported decision-making" is a model that:
a) Replaces the individual's autonomy with that of a court-appointed guardian.
b) Prioritizes the parents' decision as final.
c) Provides the individual with assistance to understand, make, and communicate their own
choices.
d) Defers the marriage decision to a medical professional.
Answer: c) Provides the individual with assistance to understand, make, and communicate
their own choices.
Analysis: This model, promoted by the UNCRPD, respects the individual's autonomy (Section 10
of the Constitution - human dignity).- It contrasts with substitute decision-making
(guardianship), which can often unlawfully strip the individual of their legal capacity.
4. The Convention on the Rights of Persons with Disabilities (CRPD), which South Africa has
ratified, emphasizes:
a) The need for institutional care for severely disabled persons.
b) That all persons with disabilities require a legal guardian.
c) The shift from viewing people with disabilities as "objects" of charity to "subjects" with rights.
d) That cultural traditions always supersede individual rights.
Answer: c) The shift from viewing people with disabilities as "objects" of charity to "subjects"
with rights.
Analysis: The CRPD is founded on the social model of disability, which locates the "problem" of
disability not in the individual but in societal barriers and attitudes. This aligns with the
transformative purpose of the South African Constitution.
5. If a court is asked to evaluate an arranged marriage for a person with a psychosocial
disability, its primary focus must be on:
a) The social standing of the proposed spouse's family.
b) Whether the marriage aligns with the family's cultural beliefs.
c) The free and informed consent of the person with the disability.
d) The dower (lobola) amount agreed upon.
Answer: c) The free and informed consent of the person with the disability.
Analysis: Consent is the cornerstone of a valid marriage. The court's role is to act as a upper
guardian of all vulnerable persons and ensure that the marriage is not forced or coerced and
that the individual has the capacity to consent.
Arranged Marriages for Disabled Persons) STUDY
GUIDE 2025/2026 || DETAILED ANSWERS &
ANALYSIS <LATEST>
RRLLB81 Assignment 2: Study Guide MCQAs
Instructions: These questions are designed to test your understanding of the constitutional
principles, relevant legislation, and case law pertaining to the rights of persons with disabilities
within the custom of arranged marriages. Choose the best possible answer for each question.
1. The primary constitutional tension in cases involving arranged marriages for disabled
persons is between:
a) Federal law and provincial law.
b) The right to equality and the right to cultural tradition.
c) Criminal law and civil law.
d) Parental authority and religious doctrine.
Answer: b) The right to equality and the right to cultural tradition.
Analysis: The core conflict lies in Section 9 of the Constitution (equality and non-discrimination
based on disability) versus Section 15(3)(a)(i) and 31, which protect cultural, religious, and
linguistic communities and the right to participate in their cultural life. The court must balance
these rights to ensure cultural practices do not undermine the fundamental dignity and equality
of disabled individuals.
2. The legal standard for capacity to marry, as established in common law, is primarily
concerned with:
a) The ability to financially support a spouse.
b) Understanding the nature of the marriage contract and the duties and responsibilities it
creates.
c) Obtaining parental consent.
d) Physical ability to consummate the marriage.
Answer: b) Understanding the nature of the marriage contract and the duties and
responsibilities it creates.
, Analysis: The test is cognitive, not physical or financial. The individual must understand they are
entering a contract that creates a permanent, monogamous relationship with specific legal
consequences regarding property, support, and cohabitation.
3. In the context of a arranged marriage for a person with an intellectual disability,
"supported decision-making" is a model that:
a) Replaces the individual's autonomy with that of a court-appointed guardian.
b) Prioritizes the parents' decision as final.
c) Provides the individual with assistance to understand, make, and communicate their own
choices.
d) Defers the marriage decision to a medical professional.
Answer: c) Provides the individual with assistance to understand, make, and communicate
their own choices.
Analysis: This model, promoted by the UNCRPD, respects the individual's autonomy (Section 10
of the Constitution - human dignity).- It contrasts with substitute decision-making
(guardianship), which can often unlawfully strip the individual of their legal capacity.
4. The Convention on the Rights of Persons with Disabilities (CRPD), which South Africa has
ratified, emphasizes:
a) The need for institutional care for severely disabled persons.
b) That all persons with disabilities require a legal guardian.
c) The shift from viewing people with disabilities as "objects" of charity to "subjects" with rights.
d) That cultural traditions always supersede individual rights.
Answer: c) The shift from viewing people with disabilities as "objects" of charity to "subjects"
with rights.
Analysis: The CRPD is founded on the social model of disability, which locates the "problem" of
disability not in the individual but in societal barriers and attitudes. This aligns with the
transformative purpose of the South African Constitution.
5. If a court is asked to evaluate an arranged marriage for a person with a psychosocial
disability, its primary focus must be on:
a) The social standing of the proposed spouse's family.
b) Whether the marriage aligns with the family's cultural beliefs.
c) The free and informed consent of the person with the disability.
d) The dower (lobola) amount agreed upon.
Answer: c) The free and informed consent of the person with the disability.
Analysis: Consent is the cornerstone of a valid marriage. The court's role is to act as a upper
guardian of all vulnerable persons and ensure that the marriage is not forced or coerced and
that the individual has the capacity to consent.
