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IND2601 Assignment 1 Semester 2 2024
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IND2601 Assignment 1 Semester 2 2024 QUESTIONS WITH DETAILED ANSWERS
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IND2601 Assignment 1Semester 2 2024
QUESTIONS AND ANSWERS
, 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) The Facts of the Case
The case of Gumede v President of the Republic of South Africa & Others
revolves around Mrs. Thembisile Gumede, who was married to her
husband, Mr. Gumede, under customary law before the Recognition of
Customary Marriages Act 120 of 1998 (RCMA) came into effect. They were
married in 1968 and separated in 2003. Upon their separation, Mrs.
Gumede filed for divorce, seeking an equitable distribution of their marital
assets. The issue arose because their marriage was classified as a
customary marriage, which, under the RCMA, treated property differently
depending on whether the marriage was concluded before or after the Act
came into force.
(ii) The Legal Question
The legal question before the court was whether the provisions of the
RCMA, specifically Section 7(1) and Section 7(2), which differentiate
between pre-Act and post-Act customary marriages concerning property
rights, were unconstitutional. Section 7(1) of the RCMA maintained that the
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