IND2601 (AFRICAN CUSTOMARY LAW)
ASSIGNMENT 1 SOLUTIONS SEMESTER 1 2023
, AFRICAN INDIGENOUS LAW
a. there are various forms of indigenous customary marriages. One such custom is
when the man and the woman “elope”, thus presenting their family groups with an
accomplished fact. The Zulu know this custom as ukubaleka (to flee).
b. According to Recognition of Customary Marriages Act 120 of 1998, the marriage
must be negotiated and entered into or celebrated in accordance with customary law.
This means that, although there are some statutory requirements for the validity of a
customary marriage the negotiation, entering into and celebration must be in
accordance with customary law. The negotiations, entering into and celebration of a
customary marriage differ from group to group. For example, generally speaking, the
family groups of the two spouses must negotiate and consent to the two individuals
being united in marriage and to the delivery or payment of lobolo. This indirectly
renders lobolo a requirement for a customary marriage. Some groups also require the
physical transfer of the bride to the bridegroom’s family group for the conclusion of a
marriage. Although the Recognition of Customary Marriages Act makes no reference
to lobolo, at least not in the sections setting out the requirements for the marriage. “By
implication thereof, it is now also a contractual accessory to marriage” (Bennett TW
Customary law in South Africa (2004)
In terms of section 1 of the Recognition of Customary Marriages Act, lobolo is
described as property in cash or kind ... which a prospective husband or the head of
his family undertakes to give to the head of the prospective wife’s family in
consideration of a customary marriage. Lobolo is probably the most important contract
in customary law. Even in modern times this contract is frequently encountered. The
general rule is that payment of ikhazi is an essential requirement for the
It is noteworthy that delivery of the marriage goods is not set as an absolute legal
requirement.
The legal requirements for a valid customary marriage entered into after 15 November
2000 are contained in section 3 of Recognition of Customary Marriages Act and are
as follows: The prospective spouses:
– must both be above the age of 18 years, and
– must both consent to be married to each other under customary law
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ASSIGNMENT 1 SOLUTIONS SEMESTER 1 2023
, AFRICAN INDIGENOUS LAW
a. there are various forms of indigenous customary marriages. One such custom is
when the man and the woman “elope”, thus presenting their family groups with an
accomplished fact. The Zulu know this custom as ukubaleka (to flee).
b. According to Recognition of Customary Marriages Act 120 of 1998, the marriage
must be negotiated and entered into or celebrated in accordance with customary law.
This means that, although there are some statutory requirements for the validity of a
customary marriage the negotiation, entering into and celebration must be in
accordance with customary law. The negotiations, entering into and celebration of a
customary marriage differ from group to group. For example, generally speaking, the
family groups of the two spouses must negotiate and consent to the two individuals
being united in marriage and to the delivery or payment of lobolo. This indirectly
renders lobolo a requirement for a customary marriage. Some groups also require the
physical transfer of the bride to the bridegroom’s family group for the conclusion of a
marriage. Although the Recognition of Customary Marriages Act makes no reference
to lobolo, at least not in the sections setting out the requirements for the marriage. “By
implication thereof, it is now also a contractual accessory to marriage” (Bennett TW
Customary law in South Africa (2004)
In terms of section 1 of the Recognition of Customary Marriages Act, lobolo is
described as property in cash or kind ... which a prospective husband or the head of
his family undertakes to give to the head of the prospective wife’s family in
consideration of a customary marriage. Lobolo is probably the most important contract
in customary law. Even in modern times this contract is frequently encountered. The
general rule is that payment of ikhazi is an essential requirement for the
It is noteworthy that delivery of the marriage goods is not set as an absolute legal
requirement.
The legal requirements for a valid customary marriage entered into after 15 November
2000 are contained in section 3 of Recognition of Customary Marriages Act and are
as follows: The prospective spouses:
– must both be above the age of 18 years, and
– must both consent to be married to each other under customary law
1|Page
