, IND2601 Assignment 1
Semester 2 2025
DUE 10 September 2025
Use this document as a guide and for references to answer your assignment
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
withMapule 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)
Under the Recognition of Customary Marriages Act 120 of 1998 (RCMA), all
customary marriages entered into after the Act came into effect (15 November
2000) are automatically in community of property, unless specifically excluded
by an antenuptial contract. However, Sello and Mapule were married in January
1999, before the Act commenced.
Therefore:
The RCMA applies retrospectively only for recognition purposes, not for
property consequences for marriages entered into before the Act.
The proprietary consequences are governed by customary law, which
typically recognises a house-based system. Each wife has her own “house”,
and property is allocated to that house for the benefit of her and her children.
Sello, as the husband, was expected to administer each house’s property
separately and fairly.
Mapule’s house would have had its own property rights, and she would
have authority over household matters, especially relating to children and
household assets.
The distribution of property in the event of death or divorce would follow
the customary law principles of house property (family property) and
general estate property.
Semester 2 2025
DUE 10 September 2025
Use this document as a guide and for references to answer your assignment
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
withMapule 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)
Under the Recognition of Customary Marriages Act 120 of 1998 (RCMA), all
customary marriages entered into after the Act came into effect (15 November
2000) are automatically in community of property, unless specifically excluded
by an antenuptial contract. However, Sello and Mapule were married in January
1999, before the Act commenced.
Therefore:
The RCMA applies retrospectively only for recognition purposes, not for
property consequences for marriages entered into before the Act.
The proprietary consequences are governed by customary law, which
typically recognises a house-based system. Each wife has her own “house”,
and property is allocated to that house for the benefit of her and her children.
Sello, as the husband, was expected to administer each house’s property
separately and fairly.
Mapule’s house would have had its own property rights, and she would
have authority over household matters, especially relating to children and
household assets.
The distribution of property in the event of death or divorce would follow
the customary law principles of house property (family property) and
general estate property.
