,IND2601 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 - DUE 10 September 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
Question 1
1.1 The proprietary consequences of the customary marriage
between Sello and Mapule (5)
In terms of section 7(1) of the Recognition of Customary
Marriages Act 120 of 1998, a customary marriage entered into
before the commencement of the Act (15 November 2000)
continues to be governed by customary law, unless the
spouses agree otherwise. Sello and Mapule married in January
1999, thus their marriage is governed by customary law
principles applicable at the time.
Under customary law, property is generally allocated
according to the house system—this means that property is
divided between different "houses" (each wife and her
children), and each house is entitled to its own assets and
share in the husband's estate. Therefore, Mapule’s house
would be entitled to property allocated to it, and Sello would
not have unfettered control to use Mapule’s property without
consequences.
Conclusion: The proprietary consequences of the marriage
between Sello and Mapule are governed by customary law,
, particularly the house property system, and not by community
of property.
1.2 The validity of the customary marriage between Sello and
Mpume without a court-approved contract (s 7(6)) (5)
In terms of section 7(6) of the Recognition of Customary
Marriages Act, a husband who wishes to enter into a further
customary marriage must apply to the court to approve a
written contract that will regulate the future matrimonial
property system of all his marriages.
However, failure to comply with section 7(6) does not
invalidate the marriage itself. The marriage is still valid if it
complies with the requirements of section 3 of the Act, which
include:
Both parties must be over 18,
They must consent to be married,
The marriage must be negotiated and entered into in
accordance with customary law.
Conclusion: The marriage between Sello and Mpume is valid
despite non-compliance with section 7(6), but the absence of
a court-approved contract may create uncertainty or conflict
over property rights in the future.
Semester 2 2025 - DUE 10 September 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
Question 1
1.1 The proprietary consequences of the customary marriage
between Sello and Mapule (5)
In terms of section 7(1) of the Recognition of Customary
Marriages Act 120 of 1998, a customary marriage entered into
before the commencement of the Act (15 November 2000)
continues to be governed by customary law, unless the
spouses agree otherwise. Sello and Mapule married in January
1999, thus their marriage is governed by customary law
principles applicable at the time.
Under customary law, property is generally allocated
according to the house system—this means that property is
divided between different "houses" (each wife and her
children), and each house is entitled to its own assets and
share in the husband's estate. Therefore, Mapule’s house
would be entitled to property allocated to it, and Sello would
not have unfettered control to use Mapule’s property without
consequences.
Conclusion: The proprietary consequences of the marriage
between Sello and Mapule are governed by customary law,
, particularly the house property system, and not by community
of property.
1.2 The validity of the customary marriage between Sello and
Mpume without a court-approved contract (s 7(6)) (5)
In terms of section 7(6) of the Recognition of Customary
Marriages Act, a husband who wishes to enter into a further
customary marriage must apply to the court to approve a
written contract that will regulate the future matrimonial
property system of all his marriages.
However, failure to comply with section 7(6) does not
invalidate the marriage itself. The marriage is still valid if it
complies with the requirements of section 3 of the Act, which
include:
Both parties must be over 18,
They must consent to be married,
The marriage must be negotiated and entered into in
accordance with customary law.
Conclusion: The marriage between Sello and Mpume is valid
despite non-compliance with section 7(6), but the absence of
a court-approved contract may create uncertainty or conflict
over property rights in the future.
