IND2601
Assignment 1 Semester 2 2025
Unique #:
Due Date: August 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, 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 be
treated equally in terms of constitutional principles of equality and dignity.2 This
ruling gave women equal ownership and rights over marital property.
Therefore, the marriage between Sello and Mapule is now regarded as a marriage in
community of property, unless they had entered into an antenuptial contract. This
means that both spouses jointly own all the property acquired during the marriage
and must manage it together.3
1.2.
The customary marriage between Sello and Mpume is valid, despite Sello’s failure
to obtain a court order in terms of section 7(6) of the Recognition of Customary
Marriages Act 120 of 1998 (RCMA). Section 3 of the RCMA clearly states the
requirements for a valid customary marriage: both parties must be 18 or older, must
1
Recognition of Customary Marriages Act 120 of 1998, s 7(1).
2
Gumede v President of the Republic of South Africa 2009 (3) SA 152 (CC).
3
RCMA 120 of 1998, s 6; see also MM v MN and Another 2013 (4) SA 415 (CC).
Varsity Cube 2025 +27 81 278 3372
Assignment 1 Semester 2 2025
Unique #:
Due Date: August 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, 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 be
treated equally in terms of constitutional principles of equality and dignity.2 This
ruling gave women equal ownership and rights over marital property.
Therefore, the marriage between Sello and Mapule is now regarded as a marriage in
community of property, unless they had entered into an antenuptial contract. This
means that both spouses jointly own all the property acquired during the marriage
and must manage it together.3
1.2.
The customary marriage between Sello and Mpume is valid, despite Sello’s failure
to obtain a court order in terms of section 7(6) of the Recognition of Customary
Marriages Act 120 of 1998 (RCMA). Section 3 of the RCMA clearly states the
requirements for a valid customary marriage: both parties must be 18 or older, must
1
Recognition of Customary Marriages Act 120 of 1998, s 7(1).
2
Gumede v President of the Republic of South Africa 2009 (3) SA 152 (CC).
3
RCMA 120 of 1998, s 6; see also MM v MN and Another 2013 (4) SA 415 (CC).
Varsity Cube 2025 +27 81 278 3372
