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IND2601 Assignment 1 Semester 2 2024
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IND2601 Assignment 1 Semester 2 2024 COMPLETE ANSWERS
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IND2601 Assignment1 Semester 2 2024
QUESTIONS AND 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)
### Gumede v President of the Republic of South Africa & Others (CCT 50/08 [2008] ZACC
23, 2009(3) BCLR 243)
#### (i) Facts of the Case
Mrs. Gumede married her husband in 1968 under customary law in KwaZulu-Natal. At the time,
customary marriages in South Africa were governed by the KwaZulu Act on the Code of Zulu
Law, which prescribed that such marriages were out of community of property, meaning that the
husband retained control and ownership over the property and assets. In 2000, the Recognition of
Customary Marriages Act (RCMA) was enacted, which aimed to bring customary marriages in
line with civil marriages, especially in terms of property rights. Despite this, the RCMA
maintained that pre-existing customary marriages like Mrs. Gumede's would continue under the
old regime, thus perpetuating the unequal property rights.
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