, LJU4804 ASSIGNMENT 1 SEMESTER 2 2025
DUE DATE:29 AUGUST 2025
Question 1:
Mrs Musonga Case
1.1 Redistribution of Assets – Via Media Approach
In South African private international law, the via media approach is applied where there is
a conflict of laws between jurisdictions in classifying a legal issue. Redistribution of assets is
treated as a divorce matter under English law, but as a proprietary consequence of
marriage under South African law. The via media approach requires the court to consider
which law has the closest connection to the property and which serves the policy objectives
of fairness and equity in divorce proceedings1.
Given that Mrs Musonga and Jane were domiciled in South Africa at the time of divorce, and
redistribution is classified as a proprietary consequence under South African law, South
African law will be applied2.
Lex Fori Classification Table (South Africa as forum)
SA PIL Rule (Connecting Which System
Rule Category Rule Applicable?
Factor) Applicable?
Redistribution of Proprietary consequences Section 7(3) of Divorce
South African law
assets of marriage Act 70 of 1979
Lex Causae Classification Table (English law as lex causae)
1
Olivier, D. South African Private International Law, 4th ed. Oxford University Press, 2021, p. 122.
2
Erasmus, F., “Redistribution of Assets on Divorce in South African Law”, SA Mercantile Law Journal 2020,
78(3): 421–439.
DUE DATE:29 AUGUST 2025
Question 1:
Mrs Musonga Case
1.1 Redistribution of Assets – Via Media Approach
In South African private international law, the via media approach is applied where there is
a conflict of laws between jurisdictions in classifying a legal issue. Redistribution of assets is
treated as a divorce matter under English law, but as a proprietary consequence of
marriage under South African law. The via media approach requires the court to consider
which law has the closest connection to the property and which serves the policy objectives
of fairness and equity in divorce proceedings1.
Given that Mrs Musonga and Jane were domiciled in South Africa at the time of divorce, and
redistribution is classified as a proprietary consequence under South African law, South
African law will be applied2.
Lex Fori Classification Table (South Africa as forum)
SA PIL Rule (Connecting Which System
Rule Category Rule Applicable?
Factor) Applicable?
Redistribution of Proprietary consequences Section 7(3) of Divorce
South African law
assets of marriage Act 70 of 1979
Lex Causae Classification Table (English law as lex causae)
1
Olivier, D. South African Private International Law, 4th ed. Oxford University Press, 2021, p. 122.
2
Erasmus, F., “Redistribution of Assets on Divorce in South African Law”, SA Mercantile Law Journal 2020,
78(3): 421–439.
