African Customary Law (IND2601) – University of South Africa – Semester 2, 2025 – Assignment 01 with Model Answers.

This document contains completed answers for Assignment 01 of the African Customary Law (IND2601) module at the University of South Africa for Semester 2 of the 2025 academic year. It addresses proprietary consequences in customary marriages, validity of polygynous marriages under section 7(6) of the RCMA, and customary debts regarding lobolo. It also includes an analysis of the Reform of Customary Law of Succession and the legal standing of descendants, spouses, and woman-to-woman marriages under customary law. The content is aligned with South African legislation and case law and references key sources like the MM v MN decision and the official study guide. Keywords: customary marriage proprietary consequences Recognition of Customary Marriages Act section 7(6) RCMA lobolo and customary debt Reform of Customary Law of Succession Act descendant definition customary spouse rights woman-to-woman marriage South African family law Question 1 Sello married Mapule by customary law on January 1999. He later married Mpume also by customary law rites on 10 December 2006. Three girls were born from the marriage with Mapule and two boys were born from the marriage with Mpume. At the time when he married Mpume, Sello used the property allotted to the house of Mapule to provide lobolo for Mpume. The lobolo received from the customary marriage for one of his daughters of Mapule was also used to settle lobolo for one of the sons of Mpume. Sello, Mapule and Mpume approach you for advice regarding the following issues: 1.1 The proprietary consequences of the customary marriage between Sello and Mapule. (5) 1.2 The question whether the customary marriage between Sello and Mpume is valid despite failure by Sello to obtain a court order, in terms of section7(6) of the Recognition of Customary Marriages Act 120 of 1998, for the approval of a contract which regulates the future matrimonial property system of his marriages. (5) 1.3 The question whether any debt was created when property allotted to Mapule’s house was used to provide lobolo for the customary marriage with Mpume and when the said property was also used to provide lobolo for the wife of one of the sons of Mpume. (5) Question 2 Elaborate on the Legislation, namely the Reform of Customary Law of Succession and Regulation of related matters Act 11 of 2009 on how it defined 2.1 the concept of a descendant (5) 2.2 a spouse (5) 2.3 woman to woman marriages (5)