IND2601
ASSIGNMENT 1
DUE DATE: 11 MARCH 2026
, IND2601 ASSIGNMENT 1 MEMO 2026
SEMESTER 1 2026
DUE :11 MARCH 2026
QUESTION 1
(a) Did a valid customary marriage come into being between Bantu and Dineo?
Bantu and Dineo concluded their marriage in June 1999. This is before 15 November
2000, when the Recognition of Customary Marriages Act 120 of 1998 (RCMA) came
into operation. The validity of their marriage must therefore be determined according
to customary law as it existed before the Act commenced.
Section 2(1) of the RCMA recognises as valid any customary marriage that was valid
under customary law before the Act came into force.¹
According to customary law, the essential requirements for a valid customary
marriage were:
The parties must not be related within prohibited degrees
There must be agreement between the two families
Lobolo must be agreed upon
The bride must be formally transferred to the husband’s family
The woman must not already be married²
ASSIGNMENT 1
DUE DATE: 11 MARCH 2026
, IND2601 ASSIGNMENT 1 MEMO 2026
SEMESTER 1 2026
DUE :11 MARCH 2026
QUESTION 1
(a) Did a valid customary marriage come into being between Bantu and Dineo?
Bantu and Dineo concluded their marriage in June 1999. This is before 15 November
2000, when the Recognition of Customary Marriages Act 120 of 1998 (RCMA) came
into operation. The validity of their marriage must therefore be determined according
to customary law as it existed before the Act commenced.
Section 2(1) of the RCMA recognises as valid any customary marriage that was valid
under customary law before the Act came into force.¹
According to customary law, the essential requirements for a valid customary
marriage were:
The parties must not be related within prohibited degrees
There must be agreement between the two families
Lobolo must be agreed upon
The bride must be formally transferred to the husband’s family
The woman must not already be married²
