,IND2601 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 - DUE 10 September 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
Sello married Mapule by customary law on January 1999. He
later married Mpume also by customary law rites on 10
December 2006. Three girls were born from the marriage with
Mapule and two boys were born from the marriage with
Mpume. At the time when he married Mpume, Sello used the
property allotted to the house of Mapule to provide lobolo for
Mpume. The lobolo received from the customary marriage for
one of his daughters of Mapule was also used to settle lobolo
for one of the sons of Mpume. Sello, Mapule and Mpume
approach you for advice regarding the following issues: 1.1 The
proprietary consequences of the customary marriage between
Sello and Mapule. (5) 1.2 The question whether the customary
marriage between Sello and Mpume is valid despite failure by
Sello to obtain a court order, in terms of section7(6) of the
Recognition of Customary Marriages Act 120 of 1998, for the
approval of a contract which regulates the future matrimonial
property system of his marriages. (5) 1.3 The question whether
any debt was created when property allotted to Mapule’s house
was used to provide lobolo for the customary marriage with
Mpume and when the said property was also used to provide
lobolo for the wife of one of the sons of Mpume. (5) Question 2
, Elaborate on the Legislation, namely the Reform of Customary
Law of Succession and Regulation of related matters Act 11 of
2009 on how it defined 2.1 the concept of a descendant (5) 2.2
a spouse (5) 2.3 woman to woman marriages (5)
Question 1
1.1 Proprietary consequences of the customary marriage
between Sello and Mapule (5 marks)
Sello and Mapule married in January 1999, which was after the
Recognition of Customary Marriages Act 120 of 1998 (RCMA)
came into effect (15 November 2000). According to section 7(2)
of the RCMA:
“A customary marriage entered into after the commencement
of this Act is in community of property unless the parties have
agreed otherwise in an antenuptial contract.”
Therefore, the default matrimonial property regime applicable
to the marriage between Sello and Mapule is in community of
property and of profit and loss, unless they entered into a valid
antenuptial contract, which is not indicated in the facts.
Conclusion: The proprietary consequences are that Sello and
Mapule share a joint estate, unless an antenuptial contract
states otherwise.
Semester 2 2025 - DUE 10 September 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
Sello married Mapule by customary law on January 1999. He
later married Mpume also by customary law rites on 10
December 2006. Three girls were born from the marriage with
Mapule and two boys were born from the marriage with
Mpume. At the time when he married Mpume, Sello used the
property allotted to the house of Mapule to provide lobolo for
Mpume. The lobolo received from the customary marriage for
one of his daughters of Mapule was also used to settle lobolo
for one of the sons of Mpume. Sello, Mapule and Mpume
approach you for advice regarding the following issues: 1.1 The
proprietary consequences of the customary marriage between
Sello and Mapule. (5) 1.2 The question whether the customary
marriage between Sello and Mpume is valid despite failure by
Sello to obtain a court order, in terms of section7(6) of the
Recognition of Customary Marriages Act 120 of 1998, for the
approval of a contract which regulates the future matrimonial
property system of his marriages. (5) 1.3 The question whether
any debt was created when property allotted to Mapule’s house
was used to provide lobolo for the customary marriage with
Mpume and when the said property was also used to provide
lobolo for the wife of one of the sons of Mpume. (5) Question 2
, Elaborate on the Legislation, namely the Reform of Customary
Law of Succession and Regulation of related matters Act 11 of
2009 on how it defined 2.1 the concept of a descendant (5) 2.2
a spouse (5) 2.3 woman to woman marriages (5)
Question 1
1.1 Proprietary consequences of the customary marriage
between Sello and Mapule (5 marks)
Sello and Mapule married in January 1999, which was after the
Recognition of Customary Marriages Act 120 of 1998 (RCMA)
came into effect (15 November 2000). According to section 7(2)
of the RCMA:
“A customary marriage entered into after the commencement
of this Act is in community of property unless the parties have
agreed otherwise in an antenuptial contract.”
Therefore, the default matrimonial property regime applicable
to the marriage between Sello and Mapule is in community of
property and of profit and loss, unless they entered into a valid
antenuptial contract, which is not indicated in the facts.
Conclusion: The proprietary consequences are that Sello and
Mapule share a joint estate, unless an antenuptial contract
states otherwise.
