PVL2601
ASSIGNMENT 2
SEMESTER 2 2026
UNIQUE NO.
DUE DATE: 7 SEPTEMBER 2026
, Family Law - PVL2601
Assignment 2 Semester 2 2026
QUESTION 1
(a) Is Mrs Xitsonga’s customary marriage legally recognised and, if yes, which
Act regulates her marriage?
Mrs Xitsonga’s customary marriage to Mr Xitsonga is legally recognised.
The relevant legislation is the Recognition of Customary Marriages Act 120 of 1998
(RCMA). Although the marriage was entered into on 13 March 1999, before the RCMA
commenced, the Act came into operation on 15 November 2000 and expressly provides
for the recognition of customary marriages that were validly concluded before its
commencement. Section 2(1) of the RCMA provides that a customary marriage entered
into before the commencement of the Act is recognised as a valid marriage if it was
valid under customary law.
The fact that Mrs Xitsonga’s marriage was not registered does not, by itself, render it
invalid. Registration is principally an evidentiary and administrative requirement. The
Department of Justice confirms that customary marriages validly concluded before the
commencement of the RCMA are recognised under the Act, including marriages that
were not registered.
Accordingly, provided that Mr and Mrs Xitsonga complied with the applicable
requirements of Tsonga customary law when they married in 1999, their marriage is
legally recognised under the RCMA. The subsequent discovery that Mr Xitsonga paid
lobolo for another woman does not retrospectively invalidate Mrs Xitsonga’s existing
marriage.
Conclusion: Mrs Xitsonga is in a legally recognised customary marriage with Mr
Xitsonga. Her marriage is regulated by the Recognition of Customary Marriages Act
120 of 1998.
ASSIGNMENT 2
SEMESTER 2 2026
UNIQUE NO.
DUE DATE: 7 SEPTEMBER 2026
, Family Law - PVL2601
Assignment 2 Semester 2 2026
QUESTION 1
(a) Is Mrs Xitsonga’s customary marriage legally recognised and, if yes, which
Act regulates her marriage?
Mrs Xitsonga’s customary marriage to Mr Xitsonga is legally recognised.
The relevant legislation is the Recognition of Customary Marriages Act 120 of 1998
(RCMA). Although the marriage was entered into on 13 March 1999, before the RCMA
commenced, the Act came into operation on 15 November 2000 and expressly provides
for the recognition of customary marriages that were validly concluded before its
commencement. Section 2(1) of the RCMA provides that a customary marriage entered
into before the commencement of the Act is recognised as a valid marriage if it was
valid under customary law.
The fact that Mrs Xitsonga’s marriage was not registered does not, by itself, render it
invalid. Registration is principally an evidentiary and administrative requirement. The
Department of Justice confirms that customary marriages validly concluded before the
commencement of the RCMA are recognised under the Act, including marriages that
were not registered.
Accordingly, provided that Mr and Mrs Xitsonga complied with the applicable
requirements of Tsonga customary law when they married in 1999, their marriage is
legally recognised under the RCMA. The subsequent discovery that Mr Xitsonga paid
lobolo for another woman does not retrospectively invalidate Mrs Xitsonga’s existing
marriage.
Conclusion: Mrs Xitsonga is in a legally recognised customary marriage with Mr
Xitsonga. Her marriage is regulated by the Recognition of Customary Marriages Act
120 of 1998.
