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 when the marriage was concluded, the Recognition of Customary Marriages
Act 120 of 1998 had already come into operation on 15 November 2000. However, the
marriage in question was concluded in June 1999, which means it was a pre-Act
customary marriage. The validity of such marriages must therefore be assessed
according to customary law as it existed at the time (Recognition of Customary
Marriages Act 120 of 1998, s 2(1)).
Under customary law, the essential requirements for a valid customary marriage
generally include:
1. Agreement between the families of the prospective spouses
2. Payment or agreement on lobolo
3. The handing over or integration of the bride into the groom’s family
4. The consent of the parties
First, there was a clear agreement between the two families. The facts state that Bantu
(22) and Dineo (17), together with their respective families, concluded an agreement in
terms of which Bantu had to deliver fifteen herd of cattle and R55 000 as lobolo. This
satisfies the requirement that the families must negotiate and agree on the marriage.
Second, lobolo was delivered as agreed. The delivery of the agreed lobolo amount is
strong evidence that the families intended to conclude a customary marriage. In
customary law, lobolo is not a purchase price but an important symbolic act that
cements the relationship between the two families (Bennett, 2004).
Third, Dineo was allowed to reside with Bantu and his family shortly after the delivery of
lobolo. This indicates that she was handed over and integrated into Bantu’s family. The
handing over of the bride is a crucial element of many South African customary law
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 when the marriage was concluded, the Recognition of Customary Marriages
Act 120 of 1998 had already come into operation on 15 November 2000. However, the
marriage in question was concluded in June 1999, which means it was a pre-Act
customary marriage. The validity of such marriages must therefore be assessed
according to customary law as it existed at the time (Recognition of Customary
Marriages Act 120 of 1998, s 2(1)).
Under customary law, the essential requirements for a valid customary marriage
generally include:
1. Agreement between the families of the prospective spouses
2. Payment or agreement on lobolo
3. The handing over or integration of the bride into the groom’s family
4. The consent of the parties
First, there was a clear agreement between the two families. The facts state that Bantu
(22) and Dineo (17), together with their respective families, concluded an agreement in
terms of which Bantu had to deliver fifteen herd of cattle and R55 000 as lobolo. This
satisfies the requirement that the families must negotiate and agree on the marriage.
Second, lobolo was delivered as agreed. The delivery of the agreed lobolo amount is
strong evidence that the families intended to conclude a customary marriage. In
customary law, lobolo is not a purchase price but an important symbolic act that
cements the relationship between the two families (Bennett, 2004).
Third, Dineo was allowed to reside with Bantu and his family shortly after the delivery of
lobolo. This indicates that she was handed over and integrated into Bantu’s family. The
handing over of the bride is a crucial element of many South African customary law
