LCP4804 Assignment 2 Semester 2 2024 | Due 9 September 2024
116 views 9 purchases
Course
Advanced Indigenous Law (LCP4804)
Institution
University Of South Africa (Unisa)
Book
African Customary Law in South Africa
LCP4804 Assignment 2 Semester 2 2024 | Due 9 September 2024. All questions answered.
Before his death Z married his wife R by customary rites. After Z's death R went to register their
customary marriage at the Home Affairs Department, only to be told, to her consternation, that P had
already ...
, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
Please note that the author of this document will not responsibility for any plagiarizing you
commit.
Before his death Z married his wife R by customary rites. After Z's death R went to register their
customary marriage at the Home Affairs Department, only to be told, to her consternation, that P had
already been to that office to register hers with the deceased. R knew that P did what she did in order
to claim Z's estate.
1. Comment on whether Z could possibly have had two valid customary marriages, referring to
any law/legislation recognising it.
In the context of South African law, particularly under the Recognition of Customary Marriages Act,
1998 (Act No. 120 of 1998), a man can potentially have more than one valid customary marriage,
provided that certain conditions are met.
Recognition of Customary Marriages Act, 1998:
The Act recognizes marriages concluded under customary law and sets out requirements for the
validity of such marriages.
For a customary marriage to be valid, it must be negotiated, entered into, or celebrated
according to customary law.
Polygamous Marriages:
South African law allows for polygamous marriages under customary law, meaning that a man
can legally have more than one wife at the same time.
However, if Z married both R and P according to the applicable customary rites, both
marriages could be considered valid, provided they meet the legal requirements outlined in the
Act.
Registration of Customary Marriages:
While the Act requires that customary marriages be registered, failure to register a marriage
does not invalidate it.
In the scenario described, if P registered her marriage to Z first, it does not necessarily mean
that R's marriage is invalid. Both marriages could still be valid under customary law.
Implications for the Estate:
If Z had two valid customary marriages, both R and P would be entitled to claim from Z's
estate under the rules of intestate succession applicable to customary marriages.
Disputes over the estate might arise, requiring legal resolution to determine the rightful heirs.
Conclusion
Z could have had two valid customary marriages with R and P under South African law, provided
the marriages were conducted in accordance with the customary rites and recognized under the
Recognition of Customary Marriages Act, 1998. The registration at Home Affairs is a procedural
step, and while important, it does not affect the validity of the marriage itself if all other legal
conditions are met.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Aimark94. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.81. You're not tied to anything after your purchase.
