IND2601
Assignment 1
Due 10 September 2025
, Question 1
1.1 Proprietary Consequences of the Customary Marriage Between Sello and
Mapule
The Recognition of Customary Marriages Act 120 of 1998 (RCMA) regulates the legal
status and proprietary consequences of customary marriages. Because Sello and
Mapule married in January 1999 before the RCMA came into operation on 15
November 200 their marriage is governed by the rules of customary law, unless they
later applied to a court to alter the property regime under section 7(4) of the Act.
Under customary law, particularly in polygynous unions, property is organised through
the house system:
Each wife, together with her children, forms a separate “house.”
Property is allocated to each house for its use and benefit.
Although the husband, as head of the family, retains overarching administrative
control, he has a duty to safeguard each house’s property for the benefit of that
wife and her children.
In Sello and Mapule’s case, the property allotted to Mapule’s house legally belongs to
that house and should be used for the welfare and sustenance of Mapule and her
children. Any diversion of this property for the benefit of another house such as using it
to pay lobolo for Mpume is inconsistent with customary law principles and can create
intra-family disputes or claims for restitution.
Conclusion:
The proprietary consequences are governed entirely by customary law. Mapule and her
children have the primary right to the property of their house, while Sello maintains
general control as the family head. However, his authority is limited by the customary
obligation to protect each house’s property for its intended beneficiaries.
Assignment 1
Due 10 September 2025
, Question 1
1.1 Proprietary Consequences of the Customary Marriage Between Sello and
Mapule
The Recognition of Customary Marriages Act 120 of 1998 (RCMA) regulates the legal
status and proprietary consequences of customary marriages. Because Sello and
Mapule married in January 1999 before the RCMA came into operation on 15
November 200 their marriage is governed by the rules of customary law, unless they
later applied to a court to alter the property regime under section 7(4) of the Act.
Under customary law, particularly in polygynous unions, property is organised through
the house system:
Each wife, together with her children, forms a separate “house.”
Property is allocated to each house for its use and benefit.
Although the husband, as head of the family, retains overarching administrative
control, he has a duty to safeguard each house’s property for the benefit of that
wife and her children.
In Sello and Mapule’s case, the property allotted to Mapule’s house legally belongs to
that house and should be used for the welfare and sustenance of Mapule and her
children. Any diversion of this property for the benefit of another house such as using it
to pay lobolo for Mpume is inconsistent with customary law principles and can create
intra-family disputes or claims for restitution.
Conclusion:
The proprietary consequences are governed entirely by customary law. Mapule and her
children have the primary right to the property of their house, while Sello maintains
general control as the family head. However, his authority is limited by the customary
obligation to protect each house’s property for its intended beneficiaries.
