, LCP4804 Assignment 2 (COMPLETE ANSWERS) Semester 1 2026
- DUE 1 April 2026; ;100% trusted ,comprehensive and complete
reliable solution with clear explanation
Question 1.1: Could Abel have had two valid customary marriages?
Answer: Yes, Abel could possibly have had two valid customary
marriages under South African law.
Explanation:
South African law recognises polygynous marriages under customary
law, meaning that a man may have more than one wife simultaneously if
the proper legal and customary requirements are met. The primary
legislation governing this is the Recognition of Customary Marriages
Act 120 of 1998 (RCMA).
1. Validity of Customary Marriages
o Section 2(1) of the RCMA provides that a marriage
concluded under African customary law is valid if it complies
with the customs of the community and the Act.
o Section 7(1) explicitly allows a man already married under
customary law to enter into additional customary marriages,
provided the necessary consent of existing wives is obtained,
where applicable.
2. Formalities and Registration
o While Section 3 of the RCMA requires that customary
marriages be registered with the Department of Home
Affairs, failure to register does not invalidate the
marriage. Registration serves primarily as proof of marriage.
Therefore, both Beauty’s and Pumla’s marriages could be
valid even if only one or both were registered at Home
Affairs.
3. Consent and Customary Procedures
- DUE 1 April 2026; ;100% trusted ,comprehensive and complete
reliable solution with clear explanation
Question 1.1: Could Abel have had two valid customary marriages?
Answer: Yes, Abel could possibly have had two valid customary
marriages under South African law.
Explanation:
South African law recognises polygynous marriages under customary
law, meaning that a man may have more than one wife simultaneously if
the proper legal and customary requirements are met. The primary
legislation governing this is the Recognition of Customary Marriages
Act 120 of 1998 (RCMA).
1. Validity of Customary Marriages
o Section 2(1) of the RCMA provides that a marriage
concluded under African customary law is valid if it complies
with the customs of the community and the Act.
o Section 7(1) explicitly allows a man already married under
customary law to enter into additional customary marriages,
provided the necessary consent of existing wives is obtained,
where applicable.
2. Formalities and Registration
o While Section 3 of the RCMA requires that customary
marriages be registered with the Department of Home
Affairs, failure to register does not invalidate the
marriage. Registration serves primarily as proof of marriage.
Therefore, both Beauty’s and Pumla’s marriages could be
valid even if only one or both were registered at Home
Affairs.
3. Consent and Customary Procedures
