LJU4804
Assignment 1 (100%
COMPLETE ANSWERS)
Semester 1 2025
(147566)
DUE 28 March 2025
, ACTIVITIES
Read the set of facts provided below and then answer the questions that follow: Mr and Mrs
Mubanga got married in Mauritius in December 1982. At the time of concluding the
marriage they were both Zambian citizens and domiciled there as well. They concluded an
antenuptial contract that excludes community of property and all forms of profit sharing.
Early in January 1983, the parties relocated to Pretoria (South Africa) and established a
domicile there. The reason for the relocation was that Mrs Mubanga took up an offer as
senior executive of a large retail company based in South Africa. Mrs Mubanga was already
involved in negotiations in respect of this lucrative employment opportunity some months
prior to the marriage. Two children were born from the marriage and Mr Mubanga looked
after them full-time. In 2017, Mr Mubanga instituted divorce proceedings against Mrs
Mubanga in the North Gauteng High Court. LJU4801 1 In 1984, Mrs Mubanga gave Mr
Mubanga a very expensive Rolex watch as a gift. The question of the validity of donations
between spouses arose during the divorce proceedings. In terms of South African law,
donations between spouses are regarded as a personal consequence of marriage. Suppose
that donations between spouses are regarded as a proprietary consequence of marriage
under Zambian law. 1.1 Which legal system governs personal consequences of marriage in
terms of the rules of South African private international law? (1) 1.2 Which legal system
governs the proprietary consequences of marriage in terms of the rules of South African
private international law? (1) 1.3 Which legal system will the South African court apply to the
validity of the donation between the spouses if it follows the via media approach to
classification? Instructions: LJU4802 - Provide classification tables for lex fori classification
and lex causae classification. - Your tables should contain all the headings as in the example
on p 20 of the study guide. - Compare the outcomes of lex fori and lex causae classification
and provide a conclusion on which legal system should be applied as per the via media
approach to classification. (10) 2 Mr Mubanga’s legal representatives plan to argue that the
parties intended to immigrate to South Africa at the time of entering into the marriage, since
Mrs Mubanga was already involved in negotiations with the retail group in respect of her
appointment. Advise his legal team on 3 their chances of successfully arguing in favour of
intended matrimonial domicile as alternative connecting factor for determining the law
applicable to the proprietary consequences of marriage. Your answer should be based on a
proper discussion of the prescribed case Sadiku v Sadiku Case no 30498/06 (unreported)
Assignment 1 (100%
COMPLETE ANSWERS)
Semester 1 2025
(147566)
DUE 28 March 2025
, ACTIVITIES
Read the set of facts provided below and then answer the questions that follow: Mr and Mrs
Mubanga got married in Mauritius in December 1982. At the time of concluding the
marriage they were both Zambian citizens and domiciled there as well. They concluded an
antenuptial contract that excludes community of property and all forms of profit sharing.
Early in January 1983, the parties relocated to Pretoria (South Africa) and established a
domicile there. The reason for the relocation was that Mrs Mubanga took up an offer as
senior executive of a large retail company based in South Africa. Mrs Mubanga was already
involved in negotiations in respect of this lucrative employment opportunity some months
prior to the marriage. Two children were born from the marriage and Mr Mubanga looked
after them full-time. In 2017, Mr Mubanga instituted divorce proceedings against Mrs
Mubanga in the North Gauteng High Court. LJU4801 1 In 1984, Mrs Mubanga gave Mr
Mubanga a very expensive Rolex watch as a gift. The question of the validity of donations
between spouses arose during the divorce proceedings. In terms of South African law,
donations between spouses are regarded as a personal consequence of marriage. Suppose
that donations between spouses are regarded as a proprietary consequence of marriage
under Zambian law. 1.1 Which legal system governs personal consequences of marriage in
terms of the rules of South African private international law? (1) 1.2 Which legal system
governs the proprietary consequences of marriage in terms of the rules of South African
private international law? (1) 1.3 Which legal system will the South African court apply to the
validity of the donation between the spouses if it follows the via media approach to
classification? Instructions: LJU4802 - Provide classification tables for lex fori classification
and lex causae classification. - Your tables should contain all the headings as in the example
on p 20 of the study guide. - Compare the outcomes of lex fori and lex causae classification
and provide a conclusion on which legal system should be applied as per the via media
approach to classification. (10) 2 Mr Mubanga’s legal representatives plan to argue that the
parties intended to immigrate to South Africa at the time of entering into the marriage, since
Mrs Mubanga was already involved in negotiations with the retail group in respect of her
appointment. Advise his legal team on 3 their chances of successfully arguing in favour of
intended matrimonial domicile as alternative connecting factor for determining the law
applicable to the proprietary consequences of marriage. Your answer should be based on a
proper discussion of the prescribed case Sadiku v Sadiku Case no 30498/06 (unreported)
