LCP4804 - Advanced Indigenous Law exam 2024 with 100% correct answers

Ukufakwa correct answersentails a situation where a relative of a woman's father (brother, uncle, cousin, nephew), takes the responsibilities of the father and ensures that the customary traditions and ceremonies related to the initiation and/or marriage of the father's daughter are carried out as if the relative himself was the father. This entitles the relative to a pro rata portion of the value of the lobolo goods, expected from the marriage goods deliverable when the daughter gets married, or received as fines imposed as a result of delicts committed on that daughter The relative thereby gets entitled to such portion as of right, directly from its source (that is, as the goods are identified for delivery as lobolo goods, the relevant portion already at that stage, belongs to the relative. This is to say, that portion never starts belonging to the father from the beginning and the father does not have access to it. To the extent of this portion, the relative becomes the father of the daughter in his own right. He does not have to claim the portion from the property of the father since it already belongs to him. Mabuza v Mbatha correct answersLegal q - Whether seSwati customary marriages canbe vaild without the observance of the ukumekeza custom? Reasons for judgement - a properly constituted customary marriage can stand where the spouses waived the observance of the ukumekeza custom, particularly as the urban conditions are not even suitable for the performance of such a custom, which was suitable for the rural conditions of the past Decision of court - the validity of the customary marriage was upheld Mabena v Letsoalo correct answersLegal q - whether a customary marriage is valud where a young man, in the absence of his father, negociated his own customary marriage, togetther with his prosepectice mother-in-law, who acted as the guardian of the prospective bride, in the absence of her husband reasons for judgement - an adult and indeptende man is qualified to negociate his own customary marriage, in the absence of his father; and the mother of the bride as an adult guardian of her daughter is equally qualified to negociate the customary marriage and to accept deliviery of the marriage goods, in the absence of her hudband who has disserted the family. decision of court - the validity of the customary marriage was upheld