Exam (elaborations)
Exam (elaborations) IND2601 - African Customary Law (IND2601)
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Exam (elaborations) IND2601 - African Customary Law (IND2601)
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Merry and Thabiso have been together ever since High School days (2009),
they have three children Seripa; Dimpho and Bright. 13 years after this
relationship began, Thabiso’s mother expressed her concern that it is against
tradition for Thabiso to be living with Merry for such a long time without
paying lobola as well as an introduction of Merry and the children to the family
ancestors. Thabiso accepted his mother’s advice to get married in terms of
traditional customs. Consequently, Thabiso’s family drafted a letter to Merry’s
family for introduction and lobola negotiation. On the day that the meeting was
held the lobola negotiation were concluded and both families reached a
consensus. However, Merry got extremely sick thereafter and was admitted in
hospital. Merry’s marriage celebration did not materialise although lobola
negotiations were concluded. Merry was discharged from hospital after 7
months and she and Thabiso continued to live together. A year later, Thabiso
was involved in a car accident and lost his life. Thabiso’s mother claims all the
property of her son’s estate and claims that the marriage between Thabiso and
Merry was not valid because Merry was not delivered in a celebration at her
marital home and that the marriage was not registered in terms of section 4(1)
of the Recognition of Customary Marriages Act 120 of 1998.
Part 1
i. The case of Merry and Thabiso raises a number of legal issues regarding
the validity of their customary marriage. The central question is whether
their marriage is valid despite the fact that it was not registered in terms of
the Recognition of Customary Marriages Act 120 of 1998, and whether
Merry is entitled to a share of Thabiso's estate.1
According to the South African law, customary marriages are recognized as valid
and legally binding. Section 3(1) of the Recognition of Customary Marriages Act 120
of 1998 provides that a customary marriage is recognized as a valid marriage if it
1
See the Recognition of Customary Marriages Act 120 of 1998.
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