LCP4804
Assignment 2 Semester 1 2026
Unique number:
Due Date: 1 April 2026
QUESTION 1
1.1.
Section 2(3) of the Recognition of Customary Marriages Act confirms that where a person is
already a spouse in more than one customary marriage that was entered into before the
commencement of the Act, all those marriages are recognised as valid for all legal
purposes.1 Section 2(4) further recognises customary marriages entered into after the
commencement of the Act. This section confirms that the law recognises the possibility that
a husband may enter into more than one customary marriage.1 Therefore, it is legally
possible that Abel could have been married to both Beauty and Pumla at the same time if
the required legal conditions were met.
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
1.1.
Section 2(3) of the Recognition of Customary Marriages Act confirms that where a
person is already a spouse in more than one customary marriage that was entered
into before the commencement of the Act, all those marriages are recognised as
valid for all legal purposes.1 Section 2(4) further recognises customary marriages
entered into after the commencement of the Act. This section confirms that the law
recognises the possibility that a husband may enter into more than one customary
marriage.2 Therefore, it is legally possible that Abel could have been married to both
Beauty and Pumla at the same time if the required legal conditions were met.
However, certain requirements must be satisfied for a subsequent customary
marriage to be valid. In the Constitutional Court decision of Mayelane v Ngwenyama,
the Court held that under Tsonga customary law the husband must obtain the
consent of the first wife before entering into a further customary marriage.3 The
Court further developed customary law to ensure that this requirement protects the
constitutional rights of equality and dignity of the first wife.4 This means that if Abel
married Pumla without the consent of Beauty, the subsequent marriage could be
declared invalid.
Another requirement under the Recognition of Customary Marriages Act is that a
husband who wishes to enter into a further customary marriage must apply to court
for approval of a written contract that regulates the matrimonial property system of
the marriages.5 This requirement aims to protect the property rights of the spouses
involved.
In the present scenario, Abel could legally have had two wives if the second
marriage complied with customary law and statutory requirements. If Abel failed to
obtain Beauty’s consent or failed to comply with the legal requirements of the Act,
the marriage with Pumla may be declared invalid. The dispute between Beauty and
1
Recognition of Customary Marriages Act 120 of 1998 s 2(3).
2
Recognition of Customary Marriages Act 120 of 1998 s 2(4).
3
Mayelane v Ngwenyama 2013 (4) SA 415 (CC).
4
ibid.
5
Recognition of Customary Marriages Act 120 of 1998 s 7(6).
Assignment 2 Semester 1 2026
Unique number:
Due Date: 1 April 2026
QUESTION 1
1.1.
Section 2(3) of the Recognition of Customary Marriages Act confirms that where a person is
already a spouse in more than one customary marriage that was entered into before the
commencement of the Act, all those marriages are recognised as valid for all legal
purposes.1 Section 2(4) further recognises customary marriages entered into after the
commencement of the Act. This section confirms that the law recognises the possibility that
a husband may enter into more than one customary marriage.1 Therefore, it is legally
possible that Abel could have been married to both Beauty and Pumla at the same time if
the required legal conditions were met.
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
1.1.
Section 2(3) of the Recognition of Customary Marriages Act confirms that where a
person is already a spouse in more than one customary marriage that was entered
into before the commencement of the Act, all those marriages are recognised as
valid for all legal purposes.1 Section 2(4) further recognises customary marriages
entered into after the commencement of the Act. This section confirms that the law
recognises the possibility that a husband may enter into more than one customary
marriage.2 Therefore, it is legally possible that Abel could have been married to both
Beauty and Pumla at the same time if the required legal conditions were met.
However, certain requirements must be satisfied for a subsequent customary
marriage to be valid. In the Constitutional Court decision of Mayelane v Ngwenyama,
the Court held that under Tsonga customary law the husband must obtain the
consent of the first wife before entering into a further customary marriage.3 The
Court further developed customary law to ensure that this requirement protects the
constitutional rights of equality and dignity of the first wife.4 This means that if Abel
married Pumla without the consent of Beauty, the subsequent marriage could be
declared invalid.
Another requirement under the Recognition of Customary Marriages Act is that a
husband who wishes to enter into a further customary marriage must apply to court
for approval of a written contract that regulates the matrimonial property system of
the marriages.5 This requirement aims to protect the property rights of the spouses
involved.
In the present scenario, Abel could legally have had two wives if the second
marriage complied with customary law and statutory requirements. If Abel failed to
obtain Beauty’s consent or failed to comply with the legal requirements of the Act,
the marriage with Pumla may be declared invalid. The dispute between Beauty and
1
Recognition of Customary Marriages Act 120 of 1998 s 2(3).
2
Recognition of Customary Marriages Act 120 of 1998 s 2(4).
3
Mayelane v Ngwenyama 2013 (4) SA 415 (CC).
4
ibid.
5
Recognition of Customary Marriages Act 120 of 1998 s 7(6).
