LJU4804 Assignment 1 (DETAILED ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ,... Read the set of facts provided below and then answer the questions that follow: Mr and Mrs Mubanga got married in Mauritius in December 1982. At the time of concluding the marriage they were both Zambian citizens and domiciled there as well. They concluded an antenuptial contract that excludes community of property and all forms of profit sharing. Early in January 1983, the parties relocated to Pretoria (South Africa) and established a domicile there. The reason for the relocation was that Mrs Mubanga took up an offer as senior executive of a large retail company based in South Africa. Mrs Mubanga was already involved in negotiations in respect of this lucrative employment opportunity some months prior to the marriage. Two children were born from the marriage and Mr Mubanga looked after them full-time. In 2017, Mr Mubanga instituted divorce proceedings against Mrs Mubanga in the North Gauteng High Court. 1 In 1984, Mrs Mubanga gave Mr Mubanga a very expensive Rolex watch as a gift. The question of the validity of donations between spouses arose during the divorce proceedings. In terms of South African law, donations between spouses are regarded as a personal consequence of marriage. Suppose that donations between spouses are regarded as a proprietary consequence of marriage under Zambian law. 1.1 Which legal system governs personal consequences of marriage in terms of the rules of South African private international law? (1) 1.2 Which legal system governs the proprietary consequences of marriage in terms of the rules of South African private international law? (1) 1.3 Which legal system will the South African court apply to the validity of the donation between the spouses if it follows the via media approach to classification? Instructions: - Provide classification tables for lex fori classification and lex causae classification. - Your tables should contain all the headings as in the example on p 20 of the study guide. - Compare the outcomes of lex fori and lex causae classification and provide a conclusion on which legal system should be applied as per the via media approach to classification. (10) 2 Mr Mubanga’s legal representatives plan to argue that the parties intended to immigrate to South Africa at the time of entering into the marriage, since Mrs Mubanga was already involved in negotiations with the retail group in respect of her appointment. Advise his legal team on 3 their chances of successfully arguing in favour of intended matrimonial domicile as alternative connecting factor for determining the law applicable to the proprietary consequences of marriage. Your answer should be based on a proper discussion of the prescribed case Sadiku v Sadiku Case no 30498/06 (unreported) [2007] JOL 19342 (T). Instructions: - You have to provide footnote references to the relevant paragraph number of the case for every statement made. - Remember the structure of a case discussion: it must include a summary of the facts; the legal question and a summary of the ratio decidendi - You must make use of the primary source, do not take the case discussion from any secondary source.
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