, 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)
This scenario raises complex issues related to the recognition
and validity of customary marriages in South Africa, particularly
in light of statutory law and the specific customs of the Tsonga
community. Let's address each part of the question in detail.
(i) Could Z Possibly Have Had Two Valid Customary
Marriages?
Under South African law, customary marriages are recognized
and regulated by the Recognition of Customary Marriages
Act 120 of 1998 (RCMA). According to the RCMA, a
customary marriage is valid if it meets the following
requirements: