RRLLB81 Assignment 2
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
September 2025
[Document subtitle]
[School]
[Course title]
, Exam (elaborations)
RRLLB81 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE September 2025 - The
Constitutional disparages in arranged marriages for disabled persons
Course
LLB Research Report (RRLLB81)
Institution
University Of South Africa (Unisa)
Book
Introduction to Legal Research Method and Legal Writing
The Constitutional disparages in arranged marriages for disabled persons A marriage is an
agreement to commit to a union with another person. The decision to marry is very much
personal and it lies with the person intending to marry another. There are, however, traditions
where arranged marriages are conducted quite frequently. This RRLLB81/103/2/2025 57
phenomenon is therefore not alien or a strange practice. There are instances where an arranged
marriage could be completed for disabled individual. To be precise, a marriage could be
arranged between a mentality disable person and another. The issue of consent looms large in
the matter. To establish a binding agreement, there should be consent between the contracting
parties. Marriage is a contract which two parties should consent to. Can the mentally disabled
person appreciate the consent that triggers a valid marriage? Should the arranged marriage
between a disabled person and another be legally binding considering the mental faculties of
the parties? Provide your own legal opinions regarding this matter, pay much regard to the
underlying laws. Cases Prinsloo’s Curators Bonis v Crafford and Prinsloo 1905 TS 669 Martinson
v Brown 1961 (4) SA 109 (C) Books Heaton J and Kruger H, South African Family Law (4th edn,
LexisNexis 2015) Van Heerden B, Skelton A and Du Toit Z (eds), Family Law in South Africa (2nd
edn, Oxford University press 2021) Legislation Mental Health Care Act, 17 of 2002 Marriage Act
25 of 1961 Recognition of Customary Marriages Act 120 of 1998 Treaties Convention on the
Rights of Persons with Disabilities, 2006 Journal Articles Labuschagne JMT, Bekker JC and
Boonzaaier CC, ‘Legal Capacity of Mentally Ill Persons in African Societies’ (2003) 36 CILSA 106
West A and Bekker JC, ‘Possible Consequences of Declaring Civil and Customary Marriages Void’
(2012) 33 Obiter 351
Legal Opinion: Arranged Marriages Involving Mentally Disabled Persons in South Africa
1. Introduction
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
September 2025
[Document subtitle]
[School]
[Course title]
, Exam (elaborations)
RRLLB81 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE September 2025 - The
Constitutional disparages in arranged marriages for disabled persons
Course
LLB Research Report (RRLLB81)
Institution
University Of South Africa (Unisa)
Book
Introduction to Legal Research Method and Legal Writing
The Constitutional disparages in arranged marriages for disabled persons A marriage is an
agreement to commit to a union with another person. The decision to marry is very much
personal and it lies with the person intending to marry another. There are, however, traditions
where arranged marriages are conducted quite frequently. This RRLLB81/103/2/2025 57
phenomenon is therefore not alien or a strange practice. There are instances where an arranged
marriage could be completed for disabled individual. To be precise, a marriage could be
arranged between a mentality disable person and another. The issue of consent looms large in
the matter. To establish a binding agreement, there should be consent between the contracting
parties. Marriage is a contract which two parties should consent to. Can the mentally disabled
person appreciate the consent that triggers a valid marriage? Should the arranged marriage
between a disabled person and another be legally binding considering the mental faculties of
the parties? Provide your own legal opinions regarding this matter, pay much regard to the
underlying laws. Cases Prinsloo’s Curators Bonis v Crafford and Prinsloo 1905 TS 669 Martinson
v Brown 1961 (4) SA 109 (C) Books Heaton J and Kruger H, South African Family Law (4th edn,
LexisNexis 2015) Van Heerden B, Skelton A and Du Toit Z (eds), Family Law in South Africa (2nd
edn, Oxford University press 2021) Legislation Mental Health Care Act, 17 of 2002 Marriage Act
25 of 1961 Recognition of Customary Marriages Act 120 of 1998 Treaties Convention on the
Rights of Persons with Disabilities, 2006 Journal Articles Labuschagne JMT, Bekker JC and
Boonzaaier CC, ‘Legal Capacity of Mentally Ill Persons in African Societies’ (2003) 36 CILSA 106
West A and Bekker JC, ‘Possible Consequences of Declaring Civil and Customary Marriages Void’
(2012) 33 Obiter 351
Legal Opinion: Arranged Marriages Involving Mentally Disabled Persons in South Africa
1. Introduction
