IND2601
Assignment 1 Semester 2 2025
Unique Number:
Due Date: August 2025
QUESTION 1
1.1.
Sello and Mapule were married by customary law in January 1999, which is after the
Recognition of Customary Marriages Act 120 of 1998 (RCMA) came into effect on 15
November 2000. However, even though the marriage occurred before the cut-off date, the
legal position has evolved due to constitutional challenges.
Initially, in terms of section 7(1) of the RCMA, customary marriages entered into before the
Act came into operation were governed by the rules of customary law. This meant that a
husband had control over all the family property, and separate houses (in cases of polygyny)
had their own property managed by the husband as head of the family. Women had no
independent property rights under this traditional system.1
However, in the case of Gumede v President of the Republic of South Africa, the
Constitutional Court declared section 7(1) of the RCMA unconstitutional because it
discriminated against women in pre-Act marriages. The Court held that all customary
marriages, whether entered into before or after the RCMA came into effect, must beTerms of use
treated
By making use of this document you agree to:
equally in terms of constitutional principles of equality and dignity.1 This ruling gave women
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 1 Semester 2 2025
Unique Number:
Due Date: August 2025
QUESTION 1
1.1.
Sello and Mapule were married by customary law in January 1999, which is after the
Recognition of Customary Marriages Act 120 of 1998 (RCMA) came into effect on 15
November 2000. However, even though the marriage occurred before the cut-off date, the
legal position has evolved due to constitutional challenges.
Initially, in terms of section 7(1) of the RCMA, customary marriages entered into before the
Act came into operation were governed by the rules of customary law. This meant that a
husband had control over all the family property, and separate houses (in cases of polygyny)
had their own property managed by the husband as head of the family. Women had no
independent property rights under this traditional system.1
However, in the case of Gumede v President of the Republic of South Africa, the
Constitutional Court declared section 7(1) of the RCMA unconstitutional because it
discriminated against women in pre-Act marriages. The Court held that all customary
marriages, whether entered into before or after the RCMA came into effect, must beTerms of use
treated
By making use of this document you agree to:
equally in terms of constitutional principles of equality and dignity.1 This ruling gave women
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
