, IND2601 Assignment 1 Semester 1 2026 - DUE 11 March 2026
QUESTION A
Yes, a valid customary marriage did come into being, provided the
statutory and customary requirements are properly applied. Here’s the
legal reasoning, step by step:
Under section 3 of the Recognition of Customary Marriages Act 120 of
1998 (RCMA), a customary marriage entered into after the
commencement of the Act (which applies here, as the events occurred
in June 1999) is valid if certain requirements are met.
First, age and consent must be considered. Although section 3(1)(a)(i)
of the RCMA generally requires both prospective spouses to be 18
years or older, section 3(3) makes an important exception. If one of the
parties is a minor, the marriage may still be valid provided that consent
is obtained from the minor’s parents or guardian (or, failing that, from
the Minister of Home Affairs). In this case, Dineo was 17 years old, but
the facts clearly state that both families concluded the agreement,
which indicates parental or family consent. This satisfies the statutory
requirement relating to minors.
Second, consent between the parties themselves is required. There is
nothing in the facts to suggest that either Bantu or Dineo did not
consent to the marriage. Consent can therefore be presumed.
Third, the marriage must be negotiated, entered into, or celebrated in
accordance with customary law as required by section 3(1)(b) of the
RCMA. Here, the essential customary elements are present:
Lobolo was formally negotiated and agreed upon (15 head of
cattle and R55 000),
QUESTION A
Yes, a valid customary marriage did come into being, provided the
statutory and customary requirements are properly applied. Here’s the
legal reasoning, step by step:
Under section 3 of the Recognition of Customary Marriages Act 120 of
1998 (RCMA), a customary marriage entered into after the
commencement of the Act (which applies here, as the events occurred
in June 1999) is valid if certain requirements are met.
First, age and consent must be considered. Although section 3(1)(a)(i)
of the RCMA generally requires both prospective spouses to be 18
years or older, section 3(3) makes an important exception. If one of the
parties is a minor, the marriage may still be valid provided that consent
is obtained from the minor’s parents or guardian (or, failing that, from
the Minister of Home Affairs). In this case, Dineo was 17 years old, but
the facts clearly state that both families concluded the agreement,
which indicates parental or family consent. This satisfies the statutory
requirement relating to minors.
Second, consent between the parties themselves is required. There is
nothing in the facts to suggest that either Bantu or Dineo did not
consent to the marriage. Consent can therefore be presumed.
Third, the marriage must be negotiated, entered into, or celebrated in
accordance with customary law as required by section 3(1)(b) of the
RCMA. Here, the essential customary elements are present:
Lobolo was formally negotiated and agreed upon (15 head of
cattle and R55 000),
