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Exam (elaborations) PVL2601 - Family Law (PVL2601)
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Exam (elaborations) PVL2601 - Family Law (PVL2601)
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Question 1
Mr and Mrs A have a son, B, and a daughter, C. C marries Y, who is the son of
Mr and Mrs X. C and Y have a daughter, Z.
a) Briefly explain the difference between consanguinity and affinity. (2)
Consanguinity refers to the relationship between individuals who are related by
blood, meaning that they share a common ancestor. Affinity, on the other hand,
refers to the relationship between individuals by marriage. Affinity relationships
are created when one spouse marries into a family, creating relationships
between the spouse and their spouse's family members.
b) Briefly explain what consanguinity in the collateral line means. (2)
In South African law, consanguinity in the collateral line refers to the relationship
between individuals who are not directly related by blood (such as siblings,
parents and children), but who share a common ancestor in a previous
generation.
c) May Z enter into a civil marriage with B? Answer “Yes” or “No”, and
explain your answer with reference to authority. (3)
Specifically, Section 15(1) of the Marriage Act states that: "No marriage shall be
solemnized between parties who are within the prohibited degrees of relationship,
which degrees shall be computed according to the law of the place where the marriage
is solemnized."1
In this case, the child of one's sister would be a first cousin, which is within the second
degree of consanguinity. As a result, such a marriage would be considered incestuous
and would be prohibited under South African law.
d) May C enter into a civil marriage with Mr X? Answer “Yes” or “No”, and
explain your answer with reference to authority.
No. Section 15 of the Marriage Act provides that a marriage may not be solemnized
between parties who are closer than the third degree of consanguinity or affinity. Mr X
is her father-in-law.2
1
See Section 15 of the Marriage Act 25 of 1961
2
See Section 15 of the Marriage Act 25 of 1961
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