LCP4804 Assignment 2 Semester 2 2026 - Due 9 September 2026

LCP4804 Assignment 2 Semester 2 2026 - Due 9 September 2026 QUESTION 1 Mokgadi and Matome have been in a relationship since university. After graduating, they decided to establish a life together. During their relationship, Matome impregnated Mokgadi. Mokgadi’s family subsequently informed Matome’s family that damages should be paid in accordance with the applicable customary practices in respect of the pregnancy. Matome delegated his uncles to represent him in carrying out the customary and traditional process of paying the damages. On the agreed day, Matome’s uncles arrived at Mokgadi’s family home and paid the required damages for the unborn child. Following the payment of the damages, Mokgadi’s family raised the issue of whether Matome intended to marry Mokgadi. Without first consulting Matome, his family members proceeded to negotiate lobolo with Mokgadi’s family. The two families concluded the lobolo negotiations and reached an agreement regarding the amount of lobolo payable. The families agreed that Matome’s family would return at a later stage to pay the agreed lobolo amount. 1. With reference to the Recognition of Customary Marriages Act 120 of 1998, relevant customary-law principles, and applicable South African case law, critically discuss whether a valid customary marriage between Mokgadi and Matome was concluded. 2. Discuss at least two relevant South African cases dealing with the validity and formation of customary marriages and apply their principles to the facts. Total: (50) QUESTION 2 2.1. “The appointment and removal of traditional leaders in South Africa requires a delicate balance between respect for customary law and the constitutional principles of democracy, accountability, equality, and the rule of law.” Critically discuss this statement with reference to the appointment and removal of traditional leaders under the Constitution of the Republic of South Africa, 1996, the Traditional and Khoi-San Leadership Act 3 of 2019, principles of living customary law, and relevant South African case law. Or