, IND2601 Assignment 1 Semester 2 2025 – DUE 10 September 2025; 100%
CORRECT AND TRUSTED SOLUTIONS
Question 1
Sello married Mapule by customary law in January 1999. He later married Mpume,
also by customary law rites, on 10 December 2006. Three girls were born from the
marriage with Mapule, and two boys were born from the marriage with Mpume.
At the time when he married Mpume, Sello used the property allotted to the house
of Mapule to provide lobolo for Mpume. Additionally, the lobolo received from
the customary marriage of one of his daughters with Mapule was used to settle
lobolo for one of the sons of Mpume.
Sello, Mapule, and Mpume approach you for advice regarding the following
issues:
1.1
The proprietary consequences of the customary marriage between Sello and
Mapule. (5)
In terms of the Recognition of Customary Marriages Act 120 of 1998 (RCMA),
a customary marriage that is validly concluded enjoys full legal recognition. The
proprietary consequences of such a marriage are governed by section 7 of the
RCMA, which distinguishes between marriages entered into before and after the
Act came into operation (i.e., before and after 15 November 2000).
Since Sello and Mapule got married in January 1999, their marriage preceded the
commencement of the RCMA. Therefore, the proprietary consequences of this
marriage must be determined by customary law in accordance with section 7(1)
of the RCMA.
Under customary law (particularly in the context of many South African
communities), the principle of house property and family property is important.
This means:
The assets acquired for a particular house (e.g., the house of Mapule) are
specifically allotted to that house and its children.
CORRECT AND TRUSTED SOLUTIONS
Question 1
Sello married Mapule by customary law in January 1999. He later married Mpume,
also by customary law rites, on 10 December 2006. Three girls were born from the
marriage with Mapule, and two boys were born from the marriage with Mpume.
At the time when he married Mpume, Sello used the property allotted to the house
of Mapule to provide lobolo for Mpume. Additionally, the lobolo received from
the customary marriage of one of his daughters with Mapule was used to settle
lobolo for one of the sons of Mpume.
Sello, Mapule, and Mpume approach you for advice regarding the following
issues:
1.1
The proprietary consequences of the customary marriage between Sello and
Mapule. (5)
In terms of the Recognition of Customary Marriages Act 120 of 1998 (RCMA),
a customary marriage that is validly concluded enjoys full legal recognition. The
proprietary consequences of such a marriage are governed by section 7 of the
RCMA, which distinguishes between marriages entered into before and after the
Act came into operation (i.e., before and after 15 November 2000).
Since Sello and Mapule got married in January 1999, their marriage preceded the
commencement of the RCMA. Therefore, the proprietary consequences of this
marriage must be determined by customary law in accordance with section 7(1)
of the RCMA.
Under customary law (particularly in the context of many South African
communities), the principle of house property and family property is important.
This means:
The assets acquired for a particular house (e.g., the house of Mapule) are
specifically allotted to that house and its children.
