LCP4804
Assignment 2 Semester 1 2026
Unique number: 326036
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.
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +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).
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 2 Semester 1 2026
Unique number: 326036
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.
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +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).
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
