Exam (elaborations)
LCP4804 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 (201383) - DUE 9 September 2024
- Course
- LCP4804
- Institution
- University Of South Africa
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LCP4804 Assignment 2(COMPLETE ANSWERS)
Semester 2 2024 (201383) - DUE
9 September 2024
100% GUARANTEED
, LCP4804 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2024 (201383) - DUE 9 September 2024
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) (iii)
What would be the position if K, being Z's father, says he
does not recognise both R and P as his son's (Z's) widows
as he never negotiated these marriages. (5) (iv) Would
R's and P's situation be any different if K's issue with their
customary marriages was their invalidity for no-
observance of the necessary imvume/ukumekeza
traditions. (5) (v) What would be the position if Q
appeared claiming to be the only descendant of Z by an
earlier relationship. Q discredits R's customary marriage
because her lobolo was never paid in full; and P's one
because she was never delivered to the groom's family.
To address the various aspects of this complex legal scenario, let's break down each question and
provide an analysis based on the relevant legal frameworks in South Africa.
(i) Could Z have had two valid customary marriages?
Under South African law, particularly the Recognition of Customary Marriages Act 120 of
1998, a man can have multiple customary marriages, provided that the marriages are valid under
the relevant customary law and that certain requirements are met. These requirements include:
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