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Summary IND2601 ASSIGNMENT 1 SEMESTER 1 OF 2023 [540396]
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IND2601 ASSIGNMENT 1 SEMESTER 1 OF 2023 [] (i) Identify the customary marriage applicable to the set of facts and state the marriage requirement that is affected by the legal question here. (3) (ii) Using decided cases advise Merry on her response of the alleged invalidity of her marriage due...

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  • March 22, 2023
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  • 2022/2023
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IND2601 ASSIGNMENT 1 OF SEMESTER 1
2023

UNIQUE CODE: 540396

, Question 1

Merry and Thabiso have been together ever since High School days (2009), they have
three children Seripa; Dimpho and Bright. 13 years after this relationship began, Thabiso’s
mother expressed her concern that it is against tradition for Thabiso to be living with
Merry for such a long time without paying lobola as well as an introduction of Merry and
the children to the family ancestors. Thabiso accepted his mother’s advice to get married
in terms of traditional customs. Consequently, Thabiso’s family drafted a letter to Merry’s
family for introduction and lobola negotiation. On the day that the meeting was held the
lobola negotiation were concluded and both families reached a consensus. However,
Merry got extremely sick thereafter and was admitted in hospital. Merry’s marriage
celebration did not materialise although lobola negotiations were concluded. Merry was
discharged from hospital after 7 months and she and Thabiso continued to live together. A
year later, Thabiso was involved in a car accident and lost his life. Thabiso’s mother claims
all the property of her son’s estate and claims that the marriage between Thabiso and
Merry was not valid because Merry was not delivered in a celebration at her marital home
and that the marriage was not registered in terms of section 4(1) of the Recognition of
Customary Marriages Act120 of 1998.

With reference to legislation, case law and other sources to support your argument,
analyse and discuss the validity of this marriage in terms of customary law? In your
answer consider the following questions.



(i) Identify the customary marriage applicable to the set of facts and state the
marriage requirement that is affected by the legal question here. (3)

(ii) Using decided cases advise Merry on her response of the alleged invalidity of
her marriage due to the fact that she was not delivered as a bride to her
marital family in a celebration. (10)

(iii) How far is the validity of the marriage affected by non-registration? (2)




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