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IND2601 Assignment 1 (DETAILED ANSWERS Semester 1 2026 - DISTINCTION GUARANTEED

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IND2601 Assignment 1 (DETAILED ANSWERS Semester 1 2026 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references.. .. In June 1999, Bantu (22) and Dineo (17) and their respective families concluded an agreement in terms of which Bantu had to deliver twelve (15) herd of cattle and R55 000 as lobolo to Dineo’s family. Bantu delivered the lobolo agreed upon and shortly thereafter Dineo was allowed to reside with Bantu and his family. (a) Did a valid customary marriage come into being between Bantu and Dineo? (10) (b) Would a legally valid marriage have come into being between Bantu and Dineo if they concluded their marriage on 14 September 2010? Give detailed legal reasons for your answer. (10 As a customary law expert, Thandeka and Bantu approaches you for advice in this matter. With reference to one (1) relevant case discuss whether or not the relevant provisions in the Recognition of Customary Marriages Act 120 of 1998,were complied with by the two when they married? In March 2012, Bantu decided that he wants to marry a second wife, namely Thandeka, and proceeded to deliver 12 herd of cattle and R40 000 as lobolo to Thandeka’s family and established another house for her within his family. Dineo is challenging the legal status of the marriage between Bantu and Thandeka, arguing that the provisions of the Recognition of Customary Marriages Act 120 of 1998 was not complied with to validate it.

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IND2601
Assignment 1 Semester 1 2026
Unique number:
Due Date: 11 March 2026

Detailed solutions, explanations, workings
and references.


+27 81 278 3372

, QUESTION A

Yes, a valid customary marriage came into being between Bantu and Dineo in June
1999.

Because the marriage was entered into before 15 November 2000, its validity must
be assessed according to the requirements of traditional customary law, not section
3 of the Recognition of Customary Marriages Act 120 of 1998.1 The facts indicate
that the essential legal requirements for a valid traditional customary marriage were
satisfied.

First, there is clear consensus between the two family groups. The families
concluded an agreement regulating the marriage, including the identity of the parties
and the lobolo to be delivered. Consensus between the family groups is an absolute
requirement for a valid customary marriage, and this requirement is clearly present
on the facts.2




1
C Rautenbach et al, Introduction to Legal Pluralism in South Africa (6th edn, LexisNexis 2021) 156–158.
2
Rautenbach et al (n 1) 160.


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