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IND2601 Assignment 1 Semester 2 2024
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IND2601 Assignment 1 Semester 2 2024 QUESTIONS WITH ANSWERS
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IND2601Assignment 1
Semester 2 2024
QUESTIONS WITH COMPLETE ANSWERS
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, IND2601 Assignment 1 Semester 2 2024
1.Discuss the case and judgement in the case of Gumede v President of
the Republic of South Africa & others (CCT 50/08 [2008] ZACC 23, 2009(3)
BCLR 243, whilst addressing the following: (i) The facts of the case (5) (ii)
The legal question that was answered by the court (7) (iii) The decision of
the court and reasons for the judgement (8)
2. Briefly state the implications of the reforms to the concept of descendant
in accordance with the Reform of Customary Law of Succession and
Regulation of Related Matters Act 11 of 2009. (10)
IND2601 Assignment 1 Semester 2 2024
1. Case and Judgement in Gumede v President of the Republic of
South Africa & Others (CCT 50/08 [2008] ZACC 23, 2009(3) BCLR 243)
(i) The Facts of the Case (5)
In the case of Gumede v President of the Republic of South Africa &
Others, the applicant, Mrs. Gumede, was married to Mr. Gumede under
customary law before the commencement of the Recognition of Customary
Marriages Act, 1998 (RCMA). Upon the dissolution of their marriage, Mrs.
Gumede sought to claim an equitable share of the marital property.
However, under the customary law applicable at the time, women had no
right to own or control marital property. Mrs. Gumede challenged the
constitutionality of sections 7(1) and (2) of the RCMA, which differentiated
between marriages before and after the Act in terms of property rights, thus
discriminating against women in pre-Act marriages.
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