LCP4804 Assignment 2
Semester 2 2024
(201383) - DUE 9
September 2024
[Company address]
, LCP4804 Assignment 2 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.
(i) Z having two valid customary marriages
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