Question 1
Mpho and Lerato have been dating for six months. On their six-month anniversary
Mpho proposed to Lerato. Lerato accepted and informed Mpho that they must have a
huge civil ceremony at an upmarket wedding venue, and that she would organise an
engagement party before the wedding ceremony. Mpho was raised by a single mother
and never met his father. Lerato on the other hand was raised by her mother and
father. Mpho attended the engagement party with his mother and Lerato attended with
both her parents. The day after the engagement party, Mpho’s mother informed him
that many years ago she had an affair with Lerato’s father which resulted in her
conceiving Mpho. Now, Mpho is confused as to whether he may continue to marry
Lerato.
Answer the following questions:
(a) Define consanguinity and affinity.
(2)
(b) Briefly set out the four rules that must be considered in determining whether
persons are within the prohibited degrees of relationship.
(4)
(c) Fully explain whether Mpho and Lerato may marry each other and whether their
marriage would be valid.
(4)
[10]
Question 2
Mr and Mrs A got married in community of property three years ago. With the money
they received as wedding gifts, they bought a stand on which they planned to build a
house once they had saved enough money. A month ago, Mr A sold the stand to Mr
X without Mrs A’s consent. Mr X met Mr A for the first time on the day that they entered
into the contract for the sale of the stand. During their meeting, Mr X and Mr A
discovered that they were distant cousins. When Mr X asked Mr A whether he was
married in community of property, Mr A told Mr X that he was married out of
community of property without the accrual system. Mr X also asked the owners of
neighbouring stands whether they knew if Mr A was married in or out of community
of property. None of the neighbours knew which matrimonial property system applied
in Mr and Mrs A’s marriage. Now, Mr A insists that the contract for the sale of the
stand is void because he did not obtain Mrs A’s consent to the contract. Mr X wants
to enforce the sale. Fully explain to Mr X whether the contract for the sale of the stand
is valid. You must refer to legislation and case law in answering the question.
[10]
Mpho and Lerato have been dating for six months. On their six-month anniversary
Mpho proposed to Lerato. Lerato accepted and informed Mpho that they must have a
huge civil ceremony at an upmarket wedding venue, and that she would organise an
engagement party before the wedding ceremony. Mpho was raised by a single mother
and never met his father. Lerato on the other hand was raised by her mother and
father. Mpho attended the engagement party with his mother and Lerato attended with
both her parents. The day after the engagement party, Mpho’s mother informed him
that many years ago she had an affair with Lerato’s father which resulted in her
conceiving Mpho. Now, Mpho is confused as to whether he may continue to marry
Lerato.
Answer the following questions:
(a) Define consanguinity and affinity.
(2)
(b) Briefly set out the four rules that must be considered in determining whether
persons are within the prohibited degrees of relationship.
(4)
(c) Fully explain whether Mpho and Lerato may marry each other and whether their
marriage would be valid.
(4)
[10]
Question 2
Mr and Mrs A got married in community of property three years ago. With the money
they received as wedding gifts, they bought a stand on which they planned to build a
house once they had saved enough money. A month ago, Mr A sold the stand to Mr
X without Mrs A’s consent. Mr X met Mr A for the first time on the day that they entered
into the contract for the sale of the stand. During their meeting, Mr X and Mr A
discovered that they were distant cousins. When Mr X asked Mr A whether he was
married in community of property, Mr A told Mr X that he was married out of
community of property without the accrual system. Mr X also asked the owners of
neighbouring stands whether they knew if Mr A was married in or out of community
of property. None of the neighbours knew which matrimonial property system applied
in Mr and Mrs A’s marriage. Now, Mr A insists that the contract for the sale of the
stand is void because he did not obtain Mrs A’s consent to the contract. Mr X wants
to enforce the sale. Fully explain to Mr X whether the contract for the sale of the stand
is valid. You must refer to legislation and case law in answering the question.
[10]
