IND2601
Assignment 1
Semester 1
Due 11 March 2026
, (a) Did a valid customary marriage come into being between Bantu and Dineo?
A valid customary marriage did come into being between Bantu and Dineo in June
1999.
At the time the marriage was concluded, the applicable law was the Recognition of
Customary Marriages Act 120 of 1998 (RCMA), which came into operation on 15
November 2000. However, section 2(1) of the RCMA recognises customary marriages
that were concluded before the commencement of the Act as valid marriages if they
were valid in terms of customary law at the time of conclusion (Recognition of
Customary Marriages Act 120 of 1998).
In 1999, the validity of a customary marriage depended on compliance with the
requirements of the relevant living customary law. Although customary law differs
among communities, certain core requirements are generally accepted:
1. Agreement between the families of the prospective spouses.
2. Agreement on lobolo.
3. Payment or partial payment of lobolo.
4. Handing over of the bride to the groom’s family.
In this case, the facts show that the families concluded an agreement in terms of which
Bantu was to deliver cattle and R55 000 as lobolo. Bantu delivered the agreed lobolo.
Thereafter, Dineo was allowed to reside with Bantu and his family. The fact that she
was allowed to reside with his family shortly after lobolo was delivered strongly indicates
that she was formally handed over to Bantu’s family, which is a crucial element in many
customary law systems.
The handing over of the bride has been emphasised in case law as an important
element of a valid customary marriage because it signifies the integration of the bride
into the husband’s family. In Fanti v Boto and Others 2008 (5) SA 405 (C), the court
confirmed that compliance with customary requirements, including the handing over of
the bride, is essential for a valid customary marriage.
Assignment 1
Semester 1
Due 11 March 2026
, (a) Did a valid customary marriage come into being between Bantu and Dineo?
A valid customary marriage did come into being between Bantu and Dineo in June
1999.
At the time the marriage was concluded, the applicable law was the Recognition of
Customary Marriages Act 120 of 1998 (RCMA), which came into operation on 15
November 2000. However, section 2(1) of the RCMA recognises customary marriages
that were concluded before the commencement of the Act as valid marriages if they
were valid in terms of customary law at the time of conclusion (Recognition of
Customary Marriages Act 120 of 1998).
In 1999, the validity of a customary marriage depended on compliance with the
requirements of the relevant living customary law. Although customary law differs
among communities, certain core requirements are generally accepted:
1. Agreement between the families of the prospective spouses.
2. Agreement on lobolo.
3. Payment or partial payment of lobolo.
4. Handing over of the bride to the groom’s family.
In this case, the facts show that the families concluded an agreement in terms of which
Bantu was to deliver cattle and R55 000 as lobolo. Bantu delivered the agreed lobolo.
Thereafter, Dineo was allowed to reside with Bantu and his family. The fact that she
was allowed to reside with his family shortly after lobolo was delivered strongly indicates
that she was formally handed over to Bantu’s family, which is a crucial element in many
customary law systems.
The handing over of the bride has been emphasised in case law as an important
element of a valid customary marriage because it signifies the integration of the bride
into the husband’s family. In Fanti v Boto and Others 2008 (5) SA 405 (C), the court
confirmed that compliance with customary requirements, including the handing over of
the bride, is essential for a valid customary marriage.
