IND2601 ASSIGNMENT 1
SEMESTER 1 (2026)
QUESTIONS
Study the following hypothetical case and answer the questions that follow.
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)
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.
(c) 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? (10)
[30]
, (a) Did a valid customary marriage come into being between Bantu and Dineo?
There are certain requirements of a valid customary marriage in terms of customary law
namely the consent of the father or guardian of the prospective husband under certain
circumstances, consent of the father or guardian of the prospective wife, consents of
both spouses, handing over of the prospective wife to the family of the husband or to
the husband himself, the payment of a lobolo and there should be no existing civil
marriage with any other party.1 Thus, these are requirements that would be used in
determining the validity of the customary marriage of Bantu and Dineo.
Traditionally, it was a legal obligation for the father or guardian of the prospective
husband to consent the marriage of his son however his consent is no longer
necessarily needed unless the son is a minor.2 Furthermore, in the case of Mabena v
Letsoalo 1998 (2) SA 1068 (T), the court argued that the consent of the father of the
husband is not important to the existence of the customary marriage instead the
prospective husband may handle the negotiations of his own marriage.3 In customary
law the consent of the father or the guardian of the prospective wife is needed
regardless of her age and the mother of the wife was not allowed to participate in the
marriage negotiations.4 However, in the case of Mabena v Letsoalo, the mother of the
prospective wife must be allowed to participate in the marriage negotiations of and
consent to her daughter’s marriage.5 It is essential for the prospective husband to
consent to enter into a customary marriage however he does not necessarily need to be
physically present at the formal wedding ceremony.6 The consent of the prospective
wife has become imperative since the existence of the official courts unlike in old days
where marriages were usually arranged. Moving forward, in terms of customary law, the
wife has to be handed over to the family of the husband after the conclusion of the
customary marriage and she will remain with the family even if the husband dies.7 An
agreement that lobolo will be delivered actually relates to the value of the lobolo the
1 th
C. Rautenbach, Introductin to Legal Pluralism in South Africa (6 edn, LexisNexis 2021)
2
Rautenbach, Introductin to Legal Pluralism in South Africa
3
Mabena v Letsoalo (1998) (2) SA 1068 (T)
4
Rautenbach, Introductin to Legal Pluralism in South Africa
5
Case of Mabena v Letsoalo
6
Rautenbach, Introductin to Legal Pluralism in South Africa
7
Rautenbach, Introductin to Legal Pluralism in South Africa
SEMESTER 1 (2026)
QUESTIONS
Study the following hypothetical case and answer the questions that follow.
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)
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.
(c) 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? (10)
[30]
, (a) Did a valid customary marriage come into being between Bantu and Dineo?
There are certain requirements of a valid customary marriage in terms of customary law
namely the consent of the father or guardian of the prospective husband under certain
circumstances, consent of the father or guardian of the prospective wife, consents of
both spouses, handing over of the prospective wife to the family of the husband or to
the husband himself, the payment of a lobolo and there should be no existing civil
marriage with any other party.1 Thus, these are requirements that would be used in
determining the validity of the customary marriage of Bantu and Dineo.
Traditionally, it was a legal obligation for the father or guardian of the prospective
husband to consent the marriage of his son however his consent is no longer
necessarily needed unless the son is a minor.2 Furthermore, in the case of Mabena v
Letsoalo 1998 (2) SA 1068 (T), the court argued that the consent of the father of the
husband is not important to the existence of the customary marriage instead the
prospective husband may handle the negotiations of his own marriage.3 In customary
law the consent of the father or the guardian of the prospective wife is needed
regardless of her age and the mother of the wife was not allowed to participate in the
marriage negotiations.4 However, in the case of Mabena v Letsoalo, the mother of the
prospective wife must be allowed to participate in the marriage negotiations of and
consent to her daughter’s marriage.5 It is essential for the prospective husband to
consent to enter into a customary marriage however he does not necessarily need to be
physically present at the formal wedding ceremony.6 The consent of the prospective
wife has become imperative since the existence of the official courts unlike in old days
where marriages were usually arranged. Moving forward, in terms of customary law, the
wife has to be handed over to the family of the husband after the conclusion of the
customary marriage and she will remain with the family even if the husband dies.7 An
agreement that lobolo will be delivered actually relates to the value of the lobolo the
1 th
C. Rautenbach, Introductin to Legal Pluralism in South Africa (6 edn, LexisNexis 2021)
2
Rautenbach, Introductin to Legal Pluralism in South Africa
3
Mabena v Letsoalo (1998) (2) SA 1068 (T)
4
Rautenbach, Introductin to Legal Pluralism in South Africa
5
Case of Mabena v Letsoalo
6
Rautenbach, Introductin to Legal Pluralism in South Africa
7
Rautenbach, Introductin to Legal Pluralism in South Africa
