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  3. University Of South Africa (Unisa)
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IND2601 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024

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  • Course
  • African Customary Law (IND2601)
  • Institution
  • University Of South Africa (Unisa)
  • Book
  • Introduction to Legal Pluralism in South Africa

IND2601 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE August 2024 ; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.6.7-1.7.1-1.7.3.9. Ensure your success with us . .1.Discuss the case and judgement in the case of Gumede v President of the Republic of...

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  • July 26, 2024
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  • 2023/2024
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IND2601
Assignment 1 Semester 2 2024
Detailed Solutions, References & Explanations

Unique number:

Due Date: 4 September 2024
QUESTION 1 (3 ANSWERS PROVIDED)

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 Marks)

In the case of Gumede v President of the Republic of South Africa & Others1, Elizabeth Gumede,
born Shange, entered into a customary marriage with her husband on May 29, 1968. This was
the only marriage of Mr. Gumede. During the marriage, Mrs. Gumede did not work, as her
husband did not permit her to do so. She maintained the household and cared for their four
children. The family acquired two pieces of immovable property during the marriage. The
marriage eventually broke down, and in January 2003, Mr. Gumede initiated divorce
proceedings. The issue before the court was the proprietary consequences of their customary
marriage, governed by customary law as per section 7(1) of the Recognition of Customary
Marriages Act1 (RCMA). Mrs. Gumede contested the application of this section, arguing that it
discriminated against her on the grounds of gender.1
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