IND2601
Assignment 1
Due 10 September 2025
, Question 1
Scenario:
Sello married Mapule in January 1999 according to customary law. In December 2006,
he entered into another customary marriage with Mpume. To fund the lobolo for
Mpume, Sello used property that had been allocated to Mapule’s house. In addition, he
used lobolo received from Mapule’s daughter to pay lobolo for the wife of Mpume’s son.
1.1 Proprietary consequences of the customary marriage between Sello and
Mapule
The Recognition of Customary Marriages Act 120 of 1998 (RCMA) sets out the
proprietary consequences of customary marriages. Since Sello and Mapule married in
January 1999—before the Act came into effect on 15 November 2000—their marriage
remains subject to the principles of customary law, unless they applied to a court to
change their property system in terms of section 7(4) of the RCMA.
Under traditional customary law:
Assets are organised according to the house system, where each wife and her
children form a separate economic unit.
Property allocated to a particular house is meant for that house’s exclusive
benefit.
While the husband has general control over family property as the head of the
family, he is bound by the duty to preserve each house’s property for its intended
beneficiaries.
Answer:
The property regime in Sello and Mapule’s marriage is governed by customary law. This
entitles Mapule and her children to the exclusive use of assets allocated to their house,
although Sello retains overall control, provided he upholds his duty to protect each
house’s property.
Assignment 1
Due 10 September 2025
, Question 1
Scenario:
Sello married Mapule in January 1999 according to customary law. In December 2006,
he entered into another customary marriage with Mpume. To fund the lobolo for
Mpume, Sello used property that had been allocated to Mapule’s house. In addition, he
used lobolo received from Mapule’s daughter to pay lobolo for the wife of Mpume’s son.
1.1 Proprietary consequences of the customary marriage between Sello and
Mapule
The Recognition of Customary Marriages Act 120 of 1998 (RCMA) sets out the
proprietary consequences of customary marriages. Since Sello and Mapule married in
January 1999—before the Act came into effect on 15 November 2000—their marriage
remains subject to the principles of customary law, unless they applied to a court to
change their property system in terms of section 7(4) of the RCMA.
Under traditional customary law:
Assets are organised according to the house system, where each wife and her
children form a separate economic unit.
Property allocated to a particular house is meant for that house’s exclusive
benefit.
While the husband has general control over family property as the head of the
family, he is bound by the duty to preserve each house’s property for its intended
beneficiaries.
Answer:
The property regime in Sello and Mapule’s marriage is governed by customary law. This
entitles Mapule and her children to the exclusive use of assets allocated to their house,
although Sello retains overall control, provided he upholds his duty to protect each
house’s property.
