IND2601
Assignment 1
Due 10 September 2025
, Question 1
Scenario:
Sello married Mapule in January 1999 under customary law, and later married Mpume
in December 2006 under the same rites. He used property allocated to Mapule’s house
to pay lobolo for Mpume, and also used lobolo from Mapule’s daughter to pay lobolo for
Mpume’s son’s wife.
1.1 Proprietary consequences of the customary marriage between Sello and
Mapule
The Recognition of Customary Marriages Act 120 of 1998 (RCMA) regulates the
proprietary consequences of customary marriages. However, because Sello and
Mapule’s marriage took place in January 1999—before the RCMA came into operation
on 15 November 2000—the marriage continues to be governed by the rules of
customary law unless the spouses formally applied to alter their property regime under
section 7(4) RCMA.
In terms of traditional customary law:
Property is organised according to the house system, meaning that each wife
and her children constitute a separate economic unit or “house.”
Property allocated to a specific house is intended for the benefit of that wife and
her children.
The husband, as head of the family, retains overall control of all family property,
but must respect the allocation of assets to each house.
Answer:
The proprietary consequences of Sello and Mapule’s marriage are regulated by
customary law. This means that Mapule and her children are entitled to the property
allocated to their house, while Sello retains ultimate control as head of the family,
subject to the customary duty to preserve each house’s assets for its own benefit.
Assignment 1
Due 10 September 2025
, Question 1
Scenario:
Sello married Mapule in January 1999 under customary law, and later married Mpume
in December 2006 under the same rites. He used property allocated to Mapule’s house
to pay lobolo for Mpume, and also used lobolo from Mapule’s daughter to pay lobolo for
Mpume’s son’s wife.
1.1 Proprietary consequences of the customary marriage between Sello and
Mapule
The Recognition of Customary Marriages Act 120 of 1998 (RCMA) regulates the
proprietary consequences of customary marriages. However, because Sello and
Mapule’s marriage took place in January 1999—before the RCMA came into operation
on 15 November 2000—the marriage continues to be governed by the rules of
customary law unless the spouses formally applied to alter their property regime under
section 7(4) RCMA.
In terms of traditional customary law:
Property is organised according to the house system, meaning that each wife
and her children constitute a separate economic unit or “house.”
Property allocated to a specific house is intended for the benefit of that wife and
her children.
The husband, as head of the family, retains overall control of all family property,
but must respect the allocation of assets to each house.
Answer:
The proprietary consequences of Sello and Mapule’s marriage are regulated by
customary law. This means that Mapule and her children are entitled to the property
allocated to their house, while Sello retains ultimate control as head of the family,
subject to the customary duty to preserve each house’s assets for its own benefit.
