IND2601 Assignment 1 (COMPLETE
ANSWERS) Semester 1 2026 - DUE 11
March 2026
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, Question
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.
(a) Validity of the 1999 Marriage
Yes, a valid customary marriage did come into being.
Since the marriage was concluded in June 1999, it predates the commencement of the RCMA.
Therefore, its validity is determined by the requirements of indigenous law as they existed at that
time:
Consensual Agreement: The families agreed on the marriage.
Lobolo: There was a clear agreement and delivery of lobolo (15 cattle and R55,000).
Integration (Handover): Dineo was "allowed to reside with Bantu and his family,"
which signifies the traditional handover of the bride—a crucial element for validity in
customary law.
Age: While Dineo was 17 (a minor), traditional law often recognized marriages of minors
provided there was parental consent, which is evident here.
Section 2(1) of the RCMA: This section retroactively recognizes marriages concluded
before the Act's commencement if they were valid under customary law.
(b) Validity if concluded on 14 September 2010
No, the marriage would likely be invalid (or at least voidable) without a waiver.
If concluded in 2010, the marriage must satisfy the requirements of Section 3(1) of the RCMA:
ANSWERS) Semester 1 2026 - DUE 11
March 2026
For assistance contact
Email:
, Question
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.
(a) Validity of the 1999 Marriage
Yes, a valid customary marriage did come into being.
Since the marriage was concluded in June 1999, it predates the commencement of the RCMA.
Therefore, its validity is determined by the requirements of indigenous law as they existed at that
time:
Consensual Agreement: The families agreed on the marriage.
Lobolo: There was a clear agreement and delivery of lobolo (15 cattle and R55,000).
Integration (Handover): Dineo was "allowed to reside with Bantu and his family,"
which signifies the traditional handover of the bride—a crucial element for validity in
customary law.
Age: While Dineo was 17 (a minor), traditional law often recognized marriages of minors
provided there was parental consent, which is evident here.
Section 2(1) of the RCMA: This section retroactively recognizes marriages concluded
before the Act's commencement if they were valid under customary law.
(b) Validity if concluded on 14 September 2010
No, the marriage would likely be invalid (or at least voidable) without a waiver.
If concluded in 2010, the marriage must satisfy the requirements of Section 3(1) of the RCMA:
