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1 of 14
Term
Bhe v Magistrate Khayelitsha
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Legal q - the SCA was asekd whether the judgement of the High Court is valid
where it held that a customary marriage concluded without seeking court approval
for the section 7(6) of the RCMA application is invalid?
reasons for judgement - the SCA held: non observance of the section 7(6) of the
RCMA provsions cannot render a customary marriage invlaid as these are not
requirements for validity. The validity requirements are set out in section 7(6) of the
RCMA and were properly complied with. Non observance of the section 7(6) of the
RCMA provisions can at most render the customary marriage out of community of
property.
Decsion of court - the SCA upheld the appeal
,Legal q - whether a customary marriage is valud where a young man, in the
absence of his father, negociated his own customary marriage, togetther with his
prosepectice mother-in-law, who acted as the guardian of the prospective bride, in
the absence of her husband
reasons for judgement - an adult and indeptende man is qualified to negociate his
own customary marriage, in the absence of his father; and the mother of the bride
as an adult guardian of her daughter is equally qualified to negociate the customary
marriage and to accept deliviery of the marriage goods, in the absence of her
hudband who has disserted the family.
decision of court - the validity of the customary marriage was upheld
Legal q - on apeal from the SCA, the ConCourt was asked whether the high court
and the SCA were correct in holding that a woman could not be appointed as a
traditional leader in terms of the laws and taditions of the Valoyi community; and
whether the Valoyi Traditional Authority had the competence to change their
customary law to provide for the appointment of a woman as a traditional leader
Reasons for judgement - the ConCourt answered the first question in the neagitve
holding that in fact the Valoyi traditional authority had the competence to appoint a
woman as a traditional leader since men adn women are equal under the consittion;
and answered the second question in the affirmative, holding that section 211(2) of
the Constitution empowers traditional authorieies to make, repwal or amed their
laws to bring them in line with the Constitution
Decison of court - the COnCourt upheld the appeal
Legal q - the ConCourt was asked to confirm a Western Cape high Court
decision together with a North Gaueng High Court decision both of which had
declared the male primogenitire rule which prefered senior males in the
customary law of intestate succession unconsitutional and set it aside
reasons for the judgement: The ConCourt confirmed both judgements;
declare the male primogeniture rule unconsittutional for violating the equality
and the human dignity cluses of the Constitution; set aside section 23 of the
BAA and section 1(4) of the Interstate Succesion Act. The Interstate Succession
Act was imported to customary law, to distribute equal child potions to all the
, widows, descendenants of the decreaed, male and female, legistimate nad
illiegititmate.
Decsion of court - both decisions from the high courts were confirmed
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2 of 14
Term
Mthembu v Letsela
Give this one a try later!
Legal q - whether a customary marriage is valud where a young man, in the
absence of his father, negociated his own customary marriage, togetther with his
prosepectice mother-in-law, who acted as the guardian of the prospective bride, in
the absence of her husband
reasons for judgement - an adult and indeptende man is qualified to negociate his
own customary marriage, in the absence of his father; and the mother of the bride
as an adult guardian of her daughter is equally qualified to negociate the customary
marriage and to accept deliviery of the marriage goods, in the absence of her
hudband who has disserted the family.
decision of court - the validity of the customary marriage was upheld
Legal q - in an appeal, the Con Court was asked whether the SCA was correct in
holding that non-observance of the section 7(6) of the RCMA provisions cannot
render a customary marriage invalid as these are not requiremetns for validity; and
that the validity requirements as set out in section 3 of the RCMA had been properly
complied with.
1 of 14
Term
Bhe v Magistrate Khayelitsha
Give this one a try later!
Legal q - the SCA was asekd whether the judgement of the High Court is valid
where it held that a customary marriage concluded without seeking court approval
for the section 7(6) of the RCMA application is invalid?
reasons for judgement - the SCA held: non observance of the section 7(6) of the
RCMA provsions cannot render a customary marriage invlaid as these are not
requirements for validity. The validity requirements are set out in section 7(6) of the
RCMA and were properly complied with. Non observance of the section 7(6) of the
RCMA provisions can at most render the customary marriage out of community of
property.
Decsion of court - the SCA upheld the appeal
,Legal q - whether a customary marriage is valud where a young man, in the
absence of his father, negociated his own customary marriage, togetther with his
prosepectice mother-in-law, who acted as the guardian of the prospective bride, in
the absence of her husband
reasons for judgement - an adult and indeptende man is qualified to negociate his
own customary marriage, in the absence of his father; and the mother of the bride
as an adult guardian of her daughter is equally qualified to negociate the customary
marriage and to accept deliviery of the marriage goods, in the absence of her
hudband who has disserted the family.
decision of court - the validity of the customary marriage was upheld
Legal q - on apeal from the SCA, the ConCourt was asked whether the high court
and the SCA were correct in holding that a woman could not be appointed as a
traditional leader in terms of the laws and taditions of the Valoyi community; and
whether the Valoyi Traditional Authority had the competence to change their
customary law to provide for the appointment of a woman as a traditional leader
Reasons for judgement - the ConCourt answered the first question in the neagitve
holding that in fact the Valoyi traditional authority had the competence to appoint a
woman as a traditional leader since men adn women are equal under the consittion;
and answered the second question in the affirmative, holding that section 211(2) of
the Constitution empowers traditional authorieies to make, repwal or amed their
laws to bring them in line with the Constitution
Decison of court - the COnCourt upheld the appeal
Legal q - the ConCourt was asked to confirm a Western Cape high Court
decision together with a North Gaueng High Court decision both of which had
declared the male primogenitire rule which prefered senior males in the
customary law of intestate succession unconsitutional and set it aside
reasons for the judgement: The ConCourt confirmed both judgements;
declare the male primogeniture rule unconsittutional for violating the equality
and the human dignity cluses of the Constitution; set aside section 23 of the
BAA and section 1(4) of the Interstate Succesion Act. The Interstate Succession
Act was imported to customary law, to distribute equal child potions to all the
, widows, descendenants of the decreaed, male and female, legistimate nad
illiegititmate.
Decsion of court - both decisions from the high courts were confirmed
Don't know?
2 of 14
Term
Mthembu v Letsela
Give this one a try later!
Legal q - whether a customary marriage is valud where a young man, in the
absence of his father, negociated his own customary marriage, togetther with his
prosepectice mother-in-law, who acted as the guardian of the prospective bride, in
the absence of her husband
reasons for judgement - an adult and indeptende man is qualified to negociate his
own customary marriage, in the absence of his father; and the mother of the bride
as an adult guardian of her daughter is equally qualified to negociate the customary
marriage and to accept deliviery of the marriage goods, in the absence of her
hudband who has disserted the family.
decision of court - the validity of the customary marriage was upheld
Legal q - in an appeal, the Con Court was asked whether the SCA was correct in
holding that non-observance of the section 7(6) of the RCMA provisions cannot
render a customary marriage invalid as these are not requiremetns for validity; and
that the validity requirements as set out in section 3 of the RCMA had been properly
complied with.
