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IND2601 Assignment 1 Semester 2 2024

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IND2601 Assignment 1 Semester 2 2024 QUESTIONS AND ANSWERS

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  • July 27, 2024
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  • 2023/2024
  • Exam (elaborations)
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mpumeleloh
IND2601
Assignment 1
Semester 2 2024




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, IND2601 Assignment 1 Semester 2 2024




1.Discuss the case and judgement in the case of Gumede v President of the Republic of

South Africa & others (CCT 50/08 [2008] ZACC 23, 2009(3) BCLR 243, whilst

addressing the following: (i) The facts of the case (5) (ii) The legal question that was

answered by the court (7) (iii) The decision of the court and reasons for the judgement

(8)

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)

The case of Gumede v President of the Republic of South Africa & Others involves

Ms. Nomsa Gumede, who was married to Mr. Sibusiso Gumede in terms of customary

law. They were married in 1968, before the commencement of the Recognition of

Customary Marriages Act 120 of 1998 (RCMA). Their marriage was thus considered a

customary marriage entered into before the RCMA came into effect. Upon the

breakdown of their marriage, Ms. Gumede sought a division of the matrimonial property.

However, the applicable provisions of the RCMA, particularly section 7(1), stipulated

that customary marriages entered into before the commencement of the Act would

continue to be governed by customary law, which generally dictated that the husband

had ownership and control over family property.

(ii) The Legal Question that was Answered by the Court (7)

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