, LCP4804 Assignment 2 (COMPLETE ANSWERS) Semester
2 2024 (201383) - DUE 9 September 2024 ; 100% TRUSTED
Complete, trusted solutions and explanations.
Before his death Z married his wife R by customary rites. After
Z's death R went to register their customary marriage at the
Home Affairs Department, only to be told, to her consternation,
that P had already been to that office to register hers with the
deceased. R knew that P did what she did in order to claim Z's
estate. (i) Comment on whether Z could possibly have had two
valid customary marriages, referring to any law/legislation
recognising it. (5) (ii) What would your comment be if R says Z
never told her about his customary marriage with P and that R
and Z subscribed to Tsonga customary law which does not
recognise Z's further customary marriage, contracted without her
consent as Z's senior wife. (5)
(i) Could Z have had two valid customary marriages? (5
Marks)
In South African law, the Recognition of Customary
Marriages Act, 1998 (Act No. 120 of 1998) is the primary
legislation governing the validity of customary marriages. The
Act recognizes the potential for a man to have multiple
customary marriages, provided certain legal requirements are
met. The relevant sections of the Act and other legal principles
applicable to this scenario include: