[Date]
LCP4804 Assignment 2
Semester 2 2024
(201383) - DUE 9
September 2024
QUESTIONS AND ANSWERS
, LCP4804 Assignment 2 Semester 2 2024 (201383) - DUE 9 September
2024
Before his death Z married his wife R by customary rites. After Z's death R
went to register their customary marriage at the Home Affairs Department,
only to be told, to her consternation, that P had already been to that office
to register hers with the deceased. R knew that P did what she did in order
to claim Z's estate.
(i) Comment on whether Z could possibly have had two valid customary
marriages, referring to any law/legislation recognising it. (5)
(ii) What would your comment be if R says Z never told her about his
customary marriage with P and that R and Z subscribed to Tsonga
customary law which does not recognise Z's further customary marriage,
contracted without her consent as Z's senior wife. (5)
(iii) What would be the position if K, being Z's father, says he does not
recognise both R and P as his son's (Z's) widows as he never negotiated
these marriages. (5)
(iv) Would R's and P's situation be any different if K's issue with their
customary marriages was their invalidity for no-observance of the
necessary imvume/ukumekeza traditions. (5)
(v) What would be the position if Q appeared claiming to be the only
descendant of Z by an earlier relationship. Q discredits R's customary
marriage because her lobolo was never paid in full; and P's one because
she was never delivered to the groom's family.
LCP4804 Assignment 2
Semester 2 2024
(201383) - DUE 9
September 2024
QUESTIONS AND ANSWERS
, LCP4804 Assignment 2 Semester 2 2024 (201383) - DUE 9 September
2024
Before his death Z married his wife R by customary rites. After Z's death R
went to register their customary marriage at the Home Affairs Department,
only to be told, to her consternation, that P had already been to that office
to register hers with the deceased. R knew that P did what she did in order
to claim Z's estate.
(i) Comment on whether Z could possibly have had two valid customary
marriages, referring to any law/legislation recognising it. (5)
(ii) What would your comment be if R says Z never told her about his
customary marriage with P and that R and Z subscribed to Tsonga
customary law which does not recognise Z's further customary marriage,
contracted without her consent as Z's senior wife. (5)
(iii) What would be the position if K, being Z's father, says he does not
recognise both R and P as his son's (Z's) widows as he never negotiated
these marriages. (5)
(iv) Would R's and P's situation be any different if K's issue with their
customary marriages was their invalidity for no-observance of the
necessary imvume/ukumekeza traditions. (5)
(v) What would be the position if Q appeared claiming to be the only
descendant of Z by an earlier relationship. Q discredits R's customary
marriage because her lobolo was never paid in full; and P's one because
she was never delivered to the groom's family.
