IND2601 - African Customary Law
Assignment 1 (Semester 2)
DUE 10 September 2025
QUESTION 1
1.1 Proprietary consequences of the customary marriage between Sello and
Mapule (5 marks)
ANSWER:
Sello married Mapule by customary law in January 1999. The proprietary consequences
of this marriage are governed primarily by customary law, read together with the
Recognition of Customary Marriages Act 120 of 1998 (RCMA), which recognizes
customary marriages solemnized before and after its commencement.¹
Under customary law, the property is usually allotted to the wife’s house and
managed by the husband for the benefit of that house and its children. Each house has
a degree of autonomy over the property allotted to it. In this scenario, the property
allotted to Mapule’s house is her primary property, and her children have a legitimate
interest in it.²
Therefore, any use of the property for purposes other than Mapule’s house—such as
funding the lobolo for Mpume’s marriage or settling her children’s lobolo—can affect the
proprietary rights of Mapule and her children. While Sello may manage the property, he
has a duty to maintain fairness and ensure that the house of Mapule is not prejudiced.³
Disclaimer:
All materials are for study assistance only. We do not condone academic dishonesty. Use at your own risk.
We are not liable for any consequences arising from misuse.
Redistribution, resale, or sharing without permission is prohibited.
Assignment 1 (Semester 2)
DUE 10 September 2025
QUESTION 1
1.1 Proprietary consequences of the customary marriage between Sello and
Mapule (5 marks)
ANSWER:
Sello married Mapule by customary law in January 1999. The proprietary consequences
of this marriage are governed primarily by customary law, read together with the
Recognition of Customary Marriages Act 120 of 1998 (RCMA), which recognizes
customary marriages solemnized before and after its commencement.¹
Under customary law, the property is usually allotted to the wife’s house and
managed by the husband for the benefit of that house and its children. Each house has
a degree of autonomy over the property allotted to it. In this scenario, the property
allotted to Mapule’s house is her primary property, and her children have a legitimate
interest in it.²
Therefore, any use of the property for purposes other than Mapule’s house—such as
funding the lobolo for Mpume’s marriage or settling her children’s lobolo—can affect the
proprietary rights of Mapule and her children. While Sello may manage the property, he
has a duty to maintain fairness and ensure that the house of Mapule is not prejudiced.³
Disclaimer:
All materials are for study assistance only. We do not condone academic dishonesty. Use at your own risk.
We are not liable for any consequences arising from misuse.
Redistribution, resale, or sharing without permission is prohibited.
