Question 1 Merry and Thabiso have been together ever since High School days (2009), they have three children Seripa; Dimpho and Bright. 13 years after this relationship began, Thabiso’s mother expressed her concern that it is against tradition for Thabiso to be living with Merry for such a long...
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IND2601 - African Customary Law
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IND2601
African Customary Law
ASSIGNMENT 1 MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER:-
Due Date :- 5 APRIL 2023
Includes Footnotes and/or Bibliography
QUESTION PREVIEW
Question 1
Merry and Thabiso have been together ever since High School days (2009), they have three
children Seripa; Dimpho and Bright. 13 years after this relationship began, Thabiso’s mother
expressed her concern that it is against tradition for Thabiso to be living with Merry for such a
long time without paying lobola as well as an introduction of Merry and the children to the family
ancestors. Thabiso accepted his mother’s advice to get married in terms of traditional customs.
Consequently, Thabiso’s family drafted a letter to Merry’s family for introduction and lobola negotiation.
On the day that the meeting was held the lobola negotiation were concluded and both families reached
a consensus. However, Merry got extremely sick thereafter and was admitted in hospital. Merry’s
marriage celebration did not materialise although lobola negotiations were concluded. Merry was
discharged from hospital after 7 months and she and Thabiso continued to live together.
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Merry and Thabiso have been together ever since High School days (2009), they
have three children Seripa; Dimpho and Bright. 13 years after this relationship
began, Thabiso’s mother expressed her concern that it is against tradition for
Thabiso to be living with Merry for such a long time without paying lobola as well
as an introduction of Merry and the children to the family ancestors. Thabiso
accepted his mother’s advice to get married in terms of traditional customs.
Consequently, Thabiso’s family drafted a letter to Merry’s family for introduction
and lobola negotiation. On the day that the meeting was held the lobola negotiation
were concluded and both families reached a consensus. However, Merry got
extremely sick thereafter and was admitted in hospital. Merry’s marriage
celebration did not materialise although lobola negotiations were concluded. Merry
was discharged from hospital after 7 months and she and Thabiso continued to
live together. A year later, Thabiso was involved in a car accident and lost his life.
Thabiso’s mother claims all the property of her son’s estate and claims that the
marriage between Thabiso and Merry was not valid because Merry was not
delivered in a celebration at her marital home and that the marriage was not
registered in terms of section 4(1) of the Recognition of Customary Marriages
Act120 of 1998.
With reference to legislation, case law and other sources to support your argument,
analyse and discuss the validity of this marriage in terms of customary law? In your
answer consider the following questions.
(i) Identify the customary marriage applicable to the set of facts and state
the marriage requirement that is affected by the legal question here.
(3)
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