Exam (elaborations)
LCP4804 Assignment 2 Semester 1 2023
- Institution
- University Of South Africa
LCP4804 Assignment 2 Semester 1 2023
[Show more]
Content preview
LCP4804ASSIGNMENT 02
SEMESTER 01 2023
WELL ELABORATE ANSWERS
, lOMoARcPSD|11981373
. QUESTION 1
1. Mabuza v Mbatha 2003 (7) BCLR 43 (C)
Names of the parties: Mabuza v Mbatha
Legal question: Whether a seSwati customary marriage can be valid without the
observance of the ukumekeza custom?
Reasons for judgment: A properly constituted customary marriage can stand where
the spouses waived the observance of the ukumekeza custom, particularly as the
urban conditions are not even suitable for the performance of such a custom, which
was suitable for the rural conditions of the past.
Decision of the court: The validity of the customary marriage was upheld.
2. Mabena v Letsoalo 1998 (2) SA 1068 (T)
Names of the parties: Mabena v Letsoalo
Legal question: Whether a customary marriage is valid where a young man, in the
absence of his father, negotiated his own customary marriage, together with his
prospective mother-in-law, who acted as the guardian of the prospective bride, in the
absence of her husband.
Reasons for judgment: An adult and independent man is qualified to negotiate his
own customary marriage, in the absence of his father; and the mother of the bride as
an adult guardian of her daughter is equally qualified to negotiate the customary
marriage and to accept delivery of the marriage goods, in the absence of her
husband who has disserted the family.
Decision of the court: The validity of the customary marriage was upheld.
3. Ngwenyama v Mayelane 2012(10) BCLR 1071 (SCA)
Names of the parties: Ngwenyama v Mayelane
Legal question: The SCA was asked whether the judgment of the High Court is valid
where it held that a customary marriage concluded without seeking court approval
for the section 7(6) of the RCMA application is invalid?
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 EFT, 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 this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller inotes. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R44,07. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
76669 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now