LCP4804
ASSIGNMENT 2
DUE DATE: 1 APRIL 2026
, LCP4804 ASSIGNMENT 2 2026
DUE 1 APRIL 2026
Question Before his death Abel married his wife Beauty by customary law. After
Abel's death Beauty went to register their customary marriage at the Home Affairs
Department, only to be told, to her shock, that Pumla had already been to that
office to register hers with the deceased. Beauty knew that Pumla did what she
did in order to claim Abel's estate.
Comment on whether Abel could possibly have had two valid customary
marriages, referring to any law/legislation recognising it.
Yes, it is legally possible for Abel to have had two valid customary marriages
simultaneously. This is because South African law, specifically the Recognition of
Customary Marriages Act 120 of 1998 (the RCMA) , recognises polygynous marriages
(where a man has more than one wife). Section 2(3) and (4) of the RCMA explicitly
state that a customary marriage entered into after the commencement of the Act may
be polygamous or potentially polygamous, not just monogamous.¹
The validity of each marriage, however, depends on whether the requirements of
section 3(1) of the RCMA were met at the time each marriage was concluded. For a
marriage to be valid, the prospective spouses must both be over 18 and consent to be
married under customary law. The marriage must have been "negotiated and entered
into or celebrated in accordance with customary law."² If both unions with Beauty and
Pumla complied with these requirements, they would both be valid customary marriages
in the eyes of the law.
¹ Section 2(3) and (4) of the Recognition of Customary Marriages Act 120 of 1998.
² Section 3(1) of the Recognition of Customary Marriages Act 120 of 1998.
ASSIGNMENT 2
DUE DATE: 1 APRIL 2026
, LCP4804 ASSIGNMENT 2 2026
DUE 1 APRIL 2026
Question Before his death Abel married his wife Beauty by customary law. After
Abel's death Beauty went to register their customary marriage at the Home Affairs
Department, only to be told, to her shock, that Pumla had already been to that
office to register hers with the deceased. Beauty knew that Pumla did what she
did in order to claim Abel's estate.
Comment on whether Abel could possibly have had two valid customary
marriages, referring to any law/legislation recognising it.
Yes, it is legally possible for Abel to have had two valid customary marriages
simultaneously. This is because South African law, specifically the Recognition of
Customary Marriages Act 120 of 1998 (the RCMA) , recognises polygynous marriages
(where a man has more than one wife). Section 2(3) and (4) of the RCMA explicitly
state that a customary marriage entered into after the commencement of the Act may
be polygamous or potentially polygamous, not just monogamous.¹
The validity of each marriage, however, depends on whether the requirements of
section 3(1) of the RCMA were met at the time each marriage was concluded. For a
marriage to be valid, the prospective spouses must both be over 18 and consent to be
married under customary law. The marriage must have been "negotiated and entered
into or celebrated in accordance with customary law."² If both unions with Beauty and
Pumla complied with these requirements, they would both be valid customary marriages
in the eyes of the law.
¹ Section 2(3) and (4) of the Recognition of Customary Marriages Act 120 of 1998.
² Section 3(1) of the Recognition of Customary Marriages Act 120 of 1998.
