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PVL 2601 – ASSIGN TWOQuestion 1
Mpho and Lerato have been dating for six months. On their six-month anniversary Mpho proposed
to Lerato. Lerato accepted and informed Mpho that they must have a huge civil ceremony at an
upmarket wedding venue, and that she would organise an engagement party before the wedding
ceremony. Mpho was raised by a single mother and never met his father. Lerato on the other hand
was raised by her mother and father. Mpho attended the engagement party with his mother and
Lerato attended with both her parents. The day after the engagement party, Mpho’s mother
informed him that many years ago she had an affair with Lerato’s father which resulted in her
conceiving Mpho. Now, Mpho is confused as to whether he may continue to marry Lerato. Answer
the following questions:
(a) Define consanguinity and affinity. (2)
(b) Briefly set out the four rules that must be considered in determining whether persons are within
the prohibited degrees of relationship. (4)
(c) Fully explain whether Mpho and Lerato may marry each other and whether their marriage would
be valid. (4) [10]
Question 2
Mr and Mrs A got married in community of property three years ago. With the money they received
as wedding gifts, they bought a stand on which they planned to build a house once they had saved
enough money. A month ago, Mr A sold the stand to Mr X without Mrs A’s consent. Mr X met Mr A
for the first time on the day that they entered into the contract for the sale of the stand. During their
meeting, Mr X and Mr A discovered that they were distant cousins. When Mr X asked Mr A whether
he was married in community of property, Mr A told Mr X that he was married out of community of
property without the accrual system. Mr X also asked the owners of neighbouring stands whether
they knew if Mr A was married in or out of community of property. None of the neighbours knew
which matrimonial property system applied in Mr and Mrs A’s marriage. Now, Mr A insists that the
contract for the sale of the stand is void because he did not obtain Mrs A’s consent to the contract.
Mr X wants to enforce the sale. Fully explain to Mr X whether the contract for the sale of the stand is
valid. You must refer to legislation and case law in answering the question. [10]
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