IND2601
Assignment 1 Semester 2 2024
Detailed Solutions, References & Explanations
Unique number:
Due Date: 4 September 2024
QUESTION 1 (3 ANSWERS PROVIDED)
Gumede v President of the Republic of South Africa & Others (CCT 50/08 [2008] ZACC
23, 2009(3) BCLR 243)
(i) The Facts of the Case (5 Marks)
In the case of Gumede v President of the Republic of South Africa & Others1, Elizabeth Gumede,
born Shange, entered into a customary marriage with her husband on May 29, 1968. This was
the only marriage of Mr. Gumede. During the marriage, Mrs. Gumede did not work, as her
husband did not permit her to do so. She maintained the household and cared for their four
children. The family acquired two pieces of immovable property during the marriage. The
marriage eventually broke down, and in January 2003, Mr. Gumede initiated divorce
proceedings. The issue before the court was the proprietary consequences of their customary
marriage, governed by customary law as per section 7(1) of the Recognition of Customary
Marriages Act1 (RCMA). Mrs. Gumede contested the application of this section, arguing that it
discriminated against her on the grounds of gender.1
Terms of use
By making use of this document you agree to:
• Use this document as a guide for learning, comparison and reference purpose,
• Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
• Fully accept the consequences should you plagiarise or misuse this document.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is” without
any representations or warranties, express or implied. The author assumes no liability as a result of
reliance and use of the contents of this document. This document is to be used for comparison, research
and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any
form or by any means.
Assignment 1 Semester 2 2024
Detailed Solutions, References & Explanations
Unique number:
Due Date: 4 September 2024
QUESTION 1 (3 ANSWERS PROVIDED)
Gumede v President of the Republic of South Africa & Others (CCT 50/08 [2008] ZACC
23, 2009(3) BCLR 243)
(i) The Facts of the Case (5 Marks)
In the case of Gumede v President of the Republic of South Africa & Others1, Elizabeth Gumede,
born Shange, entered into a customary marriage with her husband on May 29, 1968. This was
the only marriage of Mr. Gumede. During the marriage, Mrs. Gumede did not work, as her
husband did not permit her to do so. She maintained the household and cared for their four
children. The family acquired two pieces of immovable property during the marriage. The
marriage eventually broke down, and in January 2003, Mr. Gumede initiated divorce
proceedings. The issue before the court was the proprietary consequences of their customary
marriage, governed by customary law as per section 7(1) of the Recognition of Customary
Marriages Act1 (RCMA). Mrs. Gumede contested the application of this section, arguing that it
discriminated against her on the grounds of gender.1
Terms of use
By making use of this document you agree to:
• Use this document as a guide for learning, comparison and reference purpose,
• Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
• Fully accept the consequences should you plagiarise or misuse this document.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is” without
any representations or warranties, express or implied. The author assumes no liability as a result of
reliance and use of the contents of this document. This document is to be used for comparison, research
and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any
form or by any means.
