LCP4804 - ADVANCED INDIGENOUS LAW EXAM
QUESTIONS WITH COMPLETE SOLUTIONS LATEST
UPDATE
Ukufakwa
entails a situation where a relative of a woman's father (brother, uncle, cousin, nephew),
takes the responsibilities of the father and ensures that the customary traditions and
ceremonies related to the initiation and/or marriage of the father's daughter are carried
out as if the relative himself was the father. This entitles the relative to a pro rata portion
of the value of the lobolo goods, expected from the marriage goods deliverable when
the daughter gets married, or received as fines imposed as a result of delicts committed
on that daughter
The relative thereby gets entitled to such portion as of right, directly from its source (that
is, as the goods are identified for delivery as lobolo goods, the relevant portion already
at that stage, belongs to the relative. This is to say, that portion never starts belonging
to the father from the beginning and the father does not have access to it. To the extent
of this portion, the relative becomes the father of the daughter in his own right. He does
not have to claim the portion from the property of the father since it already belongs to
him.
Mabuza v Mbatha
, Legal q - Whether seSwati customary marriages canbe vaild without the observance of
the ukumekeza custom?
Reasons for judgement - a properly constituted customary marriage can stand where
the spouses waived the observance of the ukumekeza custom, particularly as the urban
conditions are not even suitable for the performance of such a custom, which was
suitable for the rural conditions of the past
Decision of court - the validity of the customary marriage was upheld
Mabena v Letsoalo
Legal q - whether a customary marriage is valud where a young man, in the absence of
his father, negociated his own customary marriage, togetther with his prosepectice
mother-in-law, who acted as the guardian of the prospective bride, in the absence of her
husband
reasons for judgement - an adult and indeptende man is qualified to negociate his own
customary marriage, in the absence of his father; and the mother of the bride as an
adult guardian of her daughter is equally qualified to negociate the customary marriage
and to accept deliviery of the marriage goods, in the absence of her hudband who has
disserted the family.
decision of court - the validity of the customary marriage was upheld
Ngwenyama v Mayelane
QUESTIONS WITH COMPLETE SOLUTIONS LATEST
UPDATE
Ukufakwa
entails a situation where a relative of a woman's father (brother, uncle, cousin, nephew),
takes the responsibilities of the father and ensures that the customary traditions and
ceremonies related to the initiation and/or marriage of the father's daughter are carried
out as if the relative himself was the father. This entitles the relative to a pro rata portion
of the value of the lobolo goods, expected from the marriage goods deliverable when
the daughter gets married, or received as fines imposed as a result of delicts committed
on that daughter
The relative thereby gets entitled to such portion as of right, directly from its source (that
is, as the goods are identified for delivery as lobolo goods, the relevant portion already
at that stage, belongs to the relative. This is to say, that portion never starts belonging
to the father from the beginning and the father does not have access to it. To the extent
of this portion, the relative becomes the father of the daughter in his own right. He does
not have to claim the portion from the property of the father since it already belongs to
him.
Mabuza v Mbatha
, Legal q - Whether seSwati customary marriages canbe vaild without the observance of
the ukumekeza custom?
Reasons for judgement - a properly constituted customary marriage can stand where
the spouses waived the observance of the ukumekeza custom, particularly as the urban
conditions are not even suitable for the performance of such a custom, which was
suitable for the rural conditions of the past
Decision of court - the validity of the customary marriage was upheld
Mabena v Letsoalo
Legal q - whether a customary marriage is valud where a young man, in the absence of
his father, negociated his own customary marriage, togetther with his prosepectice
mother-in-law, who acted as the guardian of the prospective bride, in the absence of her
husband
reasons for judgement - an adult and indeptende man is qualified to negociate his own
customary marriage, in the absence of his father; and the mother of the bride as an
adult guardian of her daughter is equally qualified to negociate the customary marriage
and to accept deliviery of the marriage goods, in the absence of her hudband who has
disserted the family.
decision of court - the validity of the customary marriage was upheld
Ngwenyama v Mayelane
