2024
LCP 4804 ASSIGNMENT 2
SEMESTER 1
ADVANCED
DUE: 03 APRIL 2024
INDIGENOUS LAW
COMPLETE WITH
FOOTNOTES
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, LCP 4804 – 2024 -SEMESTER 1 – ASSIGNMENT 2
Question 1
Tendai and Keneilwe were University sweethearts, and as soon as they graduated
from university in 2015 decided to live together. In 2020, Tendai’s uncle intimated to
the couple that he is prepared to assist them with initiating the talks between the
families to start marriage negotiations for the couple. They both agreed and a
meeting between the two families was arranged in May 2020 for the negotiations to
begin. Although charging the R120,000 as the amount liable to be paid lobolo to
Keneilwe’s family, an amount of R80,000 was agreed upon by the familied to at least
be paid by Tendai’s family to be able to secure a marriage agreement with
Keneilwe’s family. Tendai was only able to raise R50,000 and transferred this amount
to Keneilwe’s family, regarding it as a deposit to the prescribed R80,000. The
slaughtering of the cow ceremony to mark the conclusion of the marriage
negotiations was postponed until the payment of the shortfall to R80,000 as the
agreed amount by the families.
Meanwhile, the couple had already bought and fully paid for the house they lived in
at the time of their marriage negotiations which was registered under Tendai’s name.
Soon after the R50,000 had been transferred to Keneilwe’s family, the couple also
threw a lavish party in their house where they invited their friends and family
members. At this party, Tendai had bought Keneilwe a special wedding ring and in
his speech was referring to her as his wife as a video of the proceedings was also
recorded. Moreover, in the following month, Tendai was able to add Keneilwe as his
spouse in the medical insurance he was paying for.
In August 2021, Tendai passed on due to the covid pandemic. When Keneilwe
approached the Master’s office to claim from the estate as the surviving spouse,
Tendai’s family appealed to the court to stop her, arguing that she is not recognised
as their late son’s spouse due to the non-conclusion of the marriage negotiations
which were to be marked by the slaughter of a cow.
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