LCP4804 Assignment
2 Semester 2 2024
(201383) - DUE 9
September 2024
QUESTIONS WITH ANSWERS
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[Course title]
, 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) Could Z possibly have had two valid customary marriages?
Yes, Z could possibly have had two valid customary marriages, provided that the
requirements for customary marriages as stipulated by the Recognition of Customary
Marriages Act 120 of 1998 (RCMA) are met. According to the RCMA:
• A man can enter into more than one customary marriage.
• For a second or subsequent marriage to be valid, the husband must obtain the
consent of the first wife (senior wife) and enter into a written contract to regulate
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