LCP4804
ASSIGNMENT 2 2024
, Instructions
(i) Answer all questions.
(ii) Number your answers to correspond with the questions to be addressed.
(iii) Reference your work, with both footnotes and the bibliography, taking
care to fully reference cases and paragraphs referred to.
Question 1
Tendai and Keneilwe were University sweethearts, and as soon as they graduated from
university in 2015 decided to live together. In 2020, Tendai’s uncle intimated to the couple
that he is prepared to assist them with initiating the talks between the families to start
marriage negotiations for the couple. They both agreed and a meeting between the two
families was arranged in May 2020 for the negotiations to begin. Although charging the
R120,000 as the amount liable to be paid lobolo to Keneilwe’s family, an amount of R80,000
was agreed upon by the familied to at least be paid by Tendai’s family to be able to secure a
marriage agreement with Keneilwe’s family. Tendai was only able to raise R50,000 and
transferred this amount to Keneilwe’s family, regarding it as a deposit to the prescribed
R80,000. The slaughtering of the cow ceremony to mark the conclusion of the marriage
negotiations was postponed until the payment of the shortfall to R80,000 as the agreed
amount by the families.
Meanwhile, the couple had already bought and fully paid for the house they lived in at the
time of their marriage negotiations which was registered under Tendai’s name. Soon after
the R50,000 had been transferred to Keneilwe’s family, the couple also threw a lavish party
in their house where they invited their friends and family members. At this party, Tendai had
bought Keneilwe a special wedding ring and in his speech was referring to her as his wife as
a video of the proceedings was also recorded. Moreover, in the following month, Tendai was
able to add Keneilwe as his spouse in the medical insurance he was paying for.
In August 2021, Tendai passed on due to the covid pandemic. When Keneilwe approached
the Master’s office to claim from the estate as the surviving spouse, Tendai’s family appealed
to the court to stop her, arguing that she is not recognised as their late son’s spouse due to
the non-conclusion of the marriage negotiations which were to be marked by the slaughter of
a cow.
With the aid of decided cases including Motsoatsoa v Roro All SA 324 (GSJ); Maluleke v
Minister of Home Affairs Case no 02/24921 [2008] ZAGPHC 129 (9 April 2008)
(unreported); Mabuza v Mbatha 2003 (7) BCLR 43, Advise Keneilwe on the prospects of
having her marriage to Tendai legally recognised as valid by the courts. Your discussion must
reflect.
- The legal question in each case (9)
- The reasons for the decision for each case (9)
- The decision arrived at by the courts in each case. (6)
- A summary of the interpretation that can be ascribed to section 3(1)(b) for the
requirements of a valid customary law marriage because of the above court
decisions. (1)
[25]
ASSIGNMENT 2 2024
, Instructions
(i) Answer all questions.
(ii) Number your answers to correspond with the questions to be addressed.
(iii) Reference your work, with both footnotes and the bibliography, taking
care to fully reference cases and paragraphs referred to.
Question 1
Tendai and Keneilwe were University sweethearts, and as soon as they graduated from
university in 2015 decided to live together. In 2020, Tendai’s uncle intimated to the couple
that he is prepared to assist them with initiating the talks between the families to start
marriage negotiations for the couple. They both agreed and a meeting between the two
families was arranged in May 2020 for the negotiations to begin. Although charging the
R120,000 as the amount liable to be paid lobolo to Keneilwe’s family, an amount of R80,000
was agreed upon by the familied to at least be paid by Tendai’s family to be able to secure a
marriage agreement with Keneilwe’s family. Tendai was only able to raise R50,000 and
transferred this amount to Keneilwe’s family, regarding it as a deposit to the prescribed
R80,000. The slaughtering of the cow ceremony to mark the conclusion of the marriage
negotiations was postponed until the payment of the shortfall to R80,000 as the agreed
amount by the families.
Meanwhile, the couple had already bought and fully paid for the house they lived in at the
time of their marriage negotiations which was registered under Tendai’s name. Soon after
the R50,000 had been transferred to Keneilwe’s family, the couple also threw a lavish party
in their house where they invited their friends and family members. At this party, Tendai had
bought Keneilwe a special wedding ring and in his speech was referring to her as his wife as
a video of the proceedings was also recorded. Moreover, in the following month, Tendai was
able to add Keneilwe as his spouse in the medical insurance he was paying for.
In August 2021, Tendai passed on due to the covid pandemic. When Keneilwe approached
the Master’s office to claim from the estate as the surviving spouse, Tendai’s family appealed
to the court to stop her, arguing that she is not recognised as their late son’s spouse due to
the non-conclusion of the marriage negotiations which were to be marked by the slaughter of
a cow.
With the aid of decided cases including Motsoatsoa v Roro All SA 324 (GSJ); Maluleke v
Minister of Home Affairs Case no 02/24921 [2008] ZAGPHC 129 (9 April 2008)
(unreported); Mabuza v Mbatha 2003 (7) BCLR 43, Advise Keneilwe on the prospects of
having her marriage to Tendai legally recognised as valid by the courts. Your discussion must
reflect.
- The legal question in each case (9)
- The reasons for the decision for each case (9)
- The decision arrived at by the courts in each case. (6)
- A summary of the interpretation that can be ascribed to section 3(1)(b) for the
requirements of a valid customary law marriage because of the above court
decisions. (1)
[25]
