PVL2601 ASSIGNMENT 1 2026
DUE 7 SEPTEMBER 2026
Question 1 Mr Xitsonga, a Tsonga man, entered into an unregistered customary
marriage with his wife on 13 March 1999. In December 2022, Mrs Xitsonga learnt that
her husband had paid lobolo for Ms Ntswaki and that they had celebrated a traditional
wedding. In January 2023, Mr Xitsonga and Ms Ntswaki went to the offices of the
Department of Home Affairs, and they entered into a civil marriage. Mrs Xitsonga
approaches you and requests information about the following: Answer the following
questions: (a) Is her customary marriage legally recognised and, if yes, which Act
regulates her marriage?
(a) Recognition of Mrs Xitsonga's Customary Marriage
Yes, Mrs Xitsonga's customary marriage is legally recognised. It is regulated by the
Recognition of Customary Marriages Act 120 of 1998
(Heaton & Kruger, 2024, Chapter 17). Although the marriage was concluded before the
Act came into operation on 15 November 2000, section 2(1) of the Recognition Act
recognises all customary marriages that were valid under customary law at the time of
their conclusion
(Recognition of Customary Marriages Act 120 of 1998, s 2(1); Heaton & Kruger, 2024,
p. 262).
, (b) Recognition of the Customary Marriage between Mr Xitsonga and Ms Ntswaki
No, the customary marriage between Mr Xitsonga and Ms Ntswaki is not legally
recognised. In terms of section 10(4) of the Recognition Act, a person who is a party to
a civil marriage may not enter into a customary marriage during the subsistence of that
civil marriage (Heaton & Kruger, 2024, p. 280). Since Mr Xitsonga was still married to
Mrs Xitsonga under a valid civil marriage when he paid lobolo for Ms Ntswaki in
December 2022, the subsequent customary marriage is void (Heaton & Kruger, 2024, p.
281). Furthermore, the Constitutional Court in Mayelane v Ngwenyama (2013) held that
the first wife's consent is required for a further customary marriage; without it, the
marriage is invalid
(Heaton & Kruger, 2024, p. 266).
(c) Recognition of the Civil Marriage between Mr Xitsonga and Ms Ntswaki
No, the civil marriage between Mr Xitsonga and Ms Ntswaki is not legally recognised. A
person who is already a party to a civil marriage is legally prohibited from entering into
another civil marriage (Heaton & Kruger, 2024, p. 30). Since Mr Xitsonga was still
married to Mrs Xitsonga under a valid civil marriage in January 2023, his subsequent
civil marriage with Ms Ntswaki is void.
(PVL2601 Study Guide, Unit 15).
Question 2: Mrs Simpson's Claim Against Mr Simpson's Deceased Estate
Mrs Simpson may have a claim against Mr Simpson's deceased estate in terms of
the Maintenance of Surviving Spouses Act 27 of 1990 (Heaton & Kruger, 2024,
Chapter 10).
Section 2(1) of the Maintenance of Surviving Spouses Act provides that a surviving
spouse has a claim against the deceased spouse's estate for reasonable maintenance
needs if they are unable to provide for themselves from their own means and earnings .
DUE 7 SEPTEMBER 2026
Question 1 Mr Xitsonga, a Tsonga man, entered into an unregistered customary
marriage with his wife on 13 March 1999. In December 2022, Mrs Xitsonga learnt that
her husband had paid lobolo for Ms Ntswaki and that they had celebrated a traditional
wedding. In January 2023, Mr Xitsonga and Ms Ntswaki went to the offices of the
Department of Home Affairs, and they entered into a civil marriage. Mrs Xitsonga
approaches you and requests information about the following: Answer the following
questions: (a) Is her customary marriage legally recognised and, if yes, which Act
regulates her marriage?
(a) Recognition of Mrs Xitsonga's Customary Marriage
Yes, Mrs Xitsonga's customary marriage is legally recognised. It is regulated by the
Recognition of Customary Marriages Act 120 of 1998
(Heaton & Kruger, 2024, Chapter 17). Although the marriage was concluded before the
Act came into operation on 15 November 2000, section 2(1) of the Recognition Act
recognises all customary marriages that were valid under customary law at the time of
their conclusion
(Recognition of Customary Marriages Act 120 of 1998, s 2(1); Heaton & Kruger, 2024,
p. 262).
, (b) Recognition of the Customary Marriage between Mr Xitsonga and Ms Ntswaki
No, the customary marriage between Mr Xitsonga and Ms Ntswaki is not legally
recognised. In terms of section 10(4) of the Recognition Act, a person who is a party to
a civil marriage may not enter into a customary marriage during the subsistence of that
civil marriage (Heaton & Kruger, 2024, p. 280). Since Mr Xitsonga was still married to
Mrs Xitsonga under a valid civil marriage when he paid lobolo for Ms Ntswaki in
December 2022, the subsequent customary marriage is void (Heaton & Kruger, 2024, p.
281). Furthermore, the Constitutional Court in Mayelane v Ngwenyama (2013) held that
the first wife's consent is required for a further customary marriage; without it, the
marriage is invalid
(Heaton & Kruger, 2024, p. 266).
(c) Recognition of the Civil Marriage between Mr Xitsonga and Ms Ntswaki
No, the civil marriage between Mr Xitsonga and Ms Ntswaki is not legally recognised. A
person who is already a party to a civil marriage is legally prohibited from entering into
another civil marriage (Heaton & Kruger, 2024, p. 30). Since Mr Xitsonga was still
married to Mrs Xitsonga under a valid civil marriage in January 2023, his subsequent
civil marriage with Ms Ntswaki is void.
(PVL2601 Study Guide, Unit 15).
Question 2: Mrs Simpson's Claim Against Mr Simpson's Deceased Estate
Mrs Simpson may have a claim against Mr Simpson's deceased estate in terms of
the Maintenance of Surviving Spouses Act 27 of 1990 (Heaton & Kruger, 2024,
Chapter 10).
Section 2(1) of the Maintenance of Surviving Spouses Act provides that a surviving
spouse has a claim against the deceased spouse's estate for reasonable maintenance
needs if they are unable to provide for themselves from their own means and earnings .
