LCP4804 Assignment 2 Full Solutions Semester 2 2024 (201383) - DUE 9 September 2024
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Course
Advanced Indigenous Law (LCP4804)
Institution
University Of South Africa
Book
African Customary Law in South Africa
LCP4804 Assignment 2 Full Solutions Semester 2 2024 (201383) - DUE 9 September 2024
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 t...
Assignment 2 Semester 2 2024 DUE DATE: 9 September 2024
, LCP4804
Assignment 2 Semester 2 2024
DUE DATE: 9 September 2024
(i) Validity of Two Customary Marriages
Under South African law, particularly the Recognition of Customary Marriages Act 120
of 1998, it is possible for a person to have more than one customary marriage, provided
each marriage adheres to the relevant customary laws. This Act recognizes the validity
of customary marriages if they comply with the specific customs of the communities
involved.
However, customary laws vary significantly between communities. Some customs may
prohibit or restrict multiple marriages or may have specific requirements for such
marriages to be considered valid. For example, Tsonga customary law might have its
own stipulations about the number of wives a man can have and the process required
for each marriage to be valid.
In summary, if Z's marriages complied with the customary laws applicable to each
marriage and the relevant legislative framework, he could potentially have had two valid
customary marriages.
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