Exam (elaborations)
IND2601 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024
- Course
- Ind2601
- Institution
- University Of South Africa
IND2601 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024
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I, ND2601 Assignment 1 (COMPLETE ANSWERS) Se
mester 2 2024 - DUE August 2024 ; 100% T
RUSTED Complet
1.Discuss the case and judgement in the case of Gumede v
President of the Republic of South Africa & others (CCT 50/08
[2008] ZACC 23, 2009(3) BCLR 243, whilst addressing the
following: (i) The facts of the case (5) (ii) The legal question that
was answered by the court (7) (iii) The decision of the court and
reasons for the judgement (8)
1. Facts of the Case (5 marks)
The case of Gumede v President of the Republic of South
Africa & Others concerns Mrs. Sophia Gumede, who was
married to her husband in 1968 under Zulu customary law.
According to the KwaZulu Act on the Code of Zulu Law, their
marriage was automatically governed by customary law, where
the husband had almost exclusive ownership and control over
the family property. Mrs. Gumede initiated divorce proceedings
in 2003, seeking a share of the matrimonial property. However,
under the existing Zulu customary law, she was entitled to
nothing because the property belonged entirely to her
husband. She challenged the constitutionality of this provision,
arguing that it discriminated unfairly against women in
customary marriages by denying them equal rights to property.
2. Legal Question (7 marks)
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