Assignment 1 Semester 1 2026
Unique number:
Due Date: 11 March 2026
Detailed solutions, explanations, workings
and references.
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, QUESTION A
Yes, a valid customary marriage came into being between Bantu and Dineo in June
1999.
Because the marriage was entered into before 15 November 2000, its validity must
be assessed according to the requirements of traditional customary law, not section
3 of the Recognition of Customary Marriages Act 120 of 1998.1 The facts indicate
that the essential legal requirements for a valid traditional customary marriage were
satisfied.
First, there is clear consensus between the two family groups. The families
concluded an agreement regulating the marriage, including the identity of the parties
and the lobolo to be delivered. Consensus between the family groups is an absolute
requirement for a valid customary marriage, and this requirement is clearly present
on the facts.2
1
C Rautenbach et al, Introduction to Legal Pluralism in South Africa (6th edn, LexisNexis 2021) 156–158.
2
Rautenbach et al (n 1) 160.
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