,IND2601 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 - DUE 10 September 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
Question 1
1.1 The proprietary consequences of the customary marriage
between Sello and Mapule (5)
In terms of the Recognition of Customary Marriages Act 120 of
1998, a customary marriage entered into after the
commencement of the Act (i.e., 15 November 2000) is
automatically in community of property unless the parties
entered into an antenuptial contract.
However, Sello and Mapule married in January 1999, before
the Act came into operation. Therefore, the proprietary
consequences are governed by customary law applicable at
the time. Under living customary law, property is generally
divided according to the house system, and each wife’s house is
treated as a distinct economic unit.
Therefore, property accrued during the marriage to Mapule
belongs to her house, and Sello has a duty to manage it in a
way that benefits her house and their children. Misuse of such
property for the benefit of another house may be regarded as
unfair or improper under customary law.
, Conclusion: The property system is house-based, and assets
acquired during the marriage to Mapule belong to her house.
1.2 Validity of the marriage to Mpume despite non-
compliance with section 7(6) (5)
Section 7(6) of the Recognition of Customary Marriages Act
provides that:
“A husband in a customary marriage who wishes to enter into a
further customary marriage must make an application to the
court to approve a written contract which will regulate the
future matrimonial property system of his marriages.”
Sello married Mpume in December 2006, after the Act came
into force, without applying for a court-approved contract as
required. However, the failure to obtain such a contract does
not invalidate the marriage.
This was confirmed in Ngwenyama v Mayelane and Another
2012 (10) BCLR 1071 (SCA), where the court held that non-
compliance with section 7(6) does not affect the validity of the
second marriage, but may have consequences for property
rights.
Conclusion: The marriage to Mpume is valid, but Sello is in
breach of the procedural requirement in section 7(6), which
Semester 2 2025 - DUE 10 September 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
Question 1
1.1 The proprietary consequences of the customary marriage
between Sello and Mapule (5)
In terms of the Recognition of Customary Marriages Act 120 of
1998, a customary marriage entered into after the
commencement of the Act (i.e., 15 November 2000) is
automatically in community of property unless the parties
entered into an antenuptial contract.
However, Sello and Mapule married in January 1999, before
the Act came into operation. Therefore, the proprietary
consequences are governed by customary law applicable at
the time. Under living customary law, property is generally
divided according to the house system, and each wife’s house is
treated as a distinct economic unit.
Therefore, property accrued during the marriage to Mapule
belongs to her house, and Sello has a duty to manage it in a
way that benefits her house and their children. Misuse of such
property for the benefit of another house may be regarded as
unfair or improper under customary law.
, Conclusion: The property system is house-based, and assets
acquired during the marriage to Mapule belong to her house.
1.2 Validity of the marriage to Mpume despite non-
compliance with section 7(6) (5)
Section 7(6) of the Recognition of Customary Marriages Act
provides that:
“A husband in a customary marriage who wishes to enter into a
further customary marriage must make an application to the
court to approve a written contract which will regulate the
future matrimonial property system of his marriages.”
Sello married Mpume in December 2006, after the Act came
into force, without applying for a court-approved contract as
required. However, the failure to obtain such a contract does
not invalidate the marriage.
This was confirmed in Ngwenyama v Mayelane and Another
2012 (10) BCLR 1071 (SCA), where the court held that non-
compliance with section 7(6) does not affect the validity of the
second marriage, but may have consequences for property
rights.
Conclusion: The marriage to Mpume is valid, but Sello is in
breach of the procedural requirement in section 7(6), which
