Class notes
IND2601 - African Customary Law 03 Jun 2023 exam memo
- Course
- Institution
- Book
IND2601 - African Customary Law assignments notes. additional summary. 200% pass guaranteed 03 Jun 2023
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
More summaries for
-
LCP4804 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 7 NOVEMBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!)
-
LCP4804 PORTFOLIO MEMO - OCT./NOV. 2024 - SEMESTER 2 - UNISA - DUE DATE :- 7 NOVEMBER 2024 - (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)
-
LCP4804 ASSIGNMENT 1 QUIZ MEMO - SEMESTER 2 - 2024 - UNISA - DUE : 30 AUGUST 2024 - UNIQUE NUMBER:- (DISTINCTION GUARANTEED)
Seller
Follow
STUDYBUDDY10111
Reviews received
Content preview
AFRICAN CUSTOMARY LAWIND2601
20 SEPTEMBER 2021 EXAM MEMO
TREATED QUSTIONS AND ADDITIONAL SAMMURY
IND2601
STUDDYBUDDY10111
AFRICAN CUSTOMARY LAW
9/20/21
, COMPILED BY STUDDYBUDDY10111
SHARE WITH YOUR FRIENDS, ANY MISTAKE EXPERIENCED REVERT TO YOUR STUDY GUIDE.
Question 1
1. Discuss the court’s interpretation of section 7(6) of the Recognition of
Customary Marriages Act 120 of 1998 for polygynous marriages (15)
Section 7(6) of the Recognition of customary marriages Act of 1998 basically provides that a
husband to an existing customary marriage must apply to court to have a written contract
approved which will regulate the future matrimonial property system of his marriages when he
wishes to contract another customary marriage.
Compliance – and, particularly, non-compliance – with section 7(6) was the subject of debate by
the courts in the case of Mayelane v Ngwenyama [2012] 3 All SA 408 (SCA), 2013 4 SA 415
(CC) when considering whether or not section 7(6) of the Act must be complied with to contract
a subsequent customary marriage.
Miss Mayelane alleged that she concluded a valid customary marriage with Hlengani Dyson
Moyana (Mr Moyana) on 1 January 1984. Ms Ngwenyama alleged that she married Mr Moyana
on 26 January 2008. Mr Moyana passed away on 28 February 2009. Both Ms Mayelane and Ms
Ngwenyama subsequently sought registration of their respective marriages under the
Recognition of Customary Marriages Act (hereinafter "the Recognition Act"). Each disputed the
validity of the other’s marriage. Ms Mayelane then applied to the High Court for an order
declaring her customary marriage valid and that of Ms Ngwenyama null and void on the basis
that she (Ms Mayelane) had not consented to it. The High Court granted both orders. Ms
Ngwenyama took the matter on appeal to the Supreme Court of Appeal (SCA). The SCA
confirmed the order declaring Ms Mayelane’s customary marriage valid, but overturned the
order of invalidity in relation to Ms Ngwenyama’s customary marriage. It found the latter
customary marriage to be valid as well. Ms Mayelane sought leave to appeal against this latter
part of the SCA’s order.
Although Ms Mayelane alleged in her founding papers in the High Court that Xitsonga
customary law required her consent for the validity of her husband’s subsequent customary
marriage and that she had never consented to his marriage to Ms Ngwenyama, this issue was
not considered by either the High Court or the SCA. Both courts determined the matter by interpreting
and applying section 7(6) of the Recognition Act and, therefore, did not consider it necessary to have
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller STUDYBUDDY10111. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.82. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
52510 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now