Question 1 (20 marks)

Write an essay of at least two pages in which you compare the legal requirements for a valid customary marriage concluded before 15 November 2000 with the requirements for a valid customary marriage concluded after 15 November 2000. Your answer should focus on the requirements to conclude a customary marriage. Your answer should not exceed 1 500 words.
You should use the relevant sections of the Recognition of Customary Marriages Act 120 of 1998 where applicable.
Marks will be awarded to the following:
A good and concise introduction (2 marks)
A body that clarifies, explains and compares the different requirements for both a customary marriage concluded before and after 15 November 2000. You also need to point out the differences and similarities. (13 marks)
A conclusion that is concise and that draws everything together. (2 marks) Good academic writing (grammar and language) (2 marks)
Appropriate references added where needed. (1 mark).

Question 2 (15 marks)

Write an essay of two pages in which you illustrate the practice of ukuthwala. Your answer should focus on the practice of ukuthwala and include when ukuthwala becomes a delict. Your answer should not be shorter than 500 words and should not exceed 1000 words.
Marks will be awarded to the following:
A good and concise introduction. (2 marks)
A body that compares, clarifies and explains the practice of ukuthwala. (10 marks) (You need to refer to a prescribed article and any judicially decided case in your answer.)
A conclusion that is concise and that draws everything together. (2 marks) Good academic writing (grammar and language). (1 mark)

Question 3 (20 marks)
3.1 Mr Thando is a deceased family head who had three sons within his marriage to Mrs Nothando. However, these three children are also deceased. Mr Thando, however, had a son, Kgotso, with Sibongile although he was never married to Sibongile. Will Kgotso be able to inherit? (10) Your answer should make reference to any and all prescribed judicial cases that are relevant and any or all legislative authority. This question deals specifically with children born out of wedlock and their eligibility to succeed.
3.2 A representative of the local iKhaya community approaches you for legal advice.
The royal family of the community wishes to appoint a new king. Write a short paragraph advising your client in full by referring to following concepts: the time frame in which the appointment has to be made, possible disqualifications and the role of the premier. In your answer you need to refer to the relevant section of the Traditional Leadership and Governance Framework Act 41 of 2003. (10)

Question 4 (20 marks)

The requirement of lobolo is often a contentious issue in law. With reference to at least one journal article and one judicially decided case, illustrate the role of lobolo in both the creation and dissolution of a customary marriage
Marks will be awarded as follows:
o A good and concise introduction. (2 marks)

o A body that explains the illustrates the role of lobolo in both the creation and dissolution of a customary marriage in accordance with a journal article. (7 marks)

o Also, part of the body a judicially decided case that had to take into account lobolo when it determined the validity of a marriage or what the effect of lobolo would be if the marriage had to be dissolved. (8 marks). The 8 marks will be allocated as follows: when referring to the case, you have to summarise the facts (2 marks), explain the decision of the court (2 marks), give the reasons for the decision by the court (2 marks) and illustrate the impact of the decision. (2 marks)

Answers to Above Questions on African Customary Law

Answer 1: An analysis of the South African economy indicates that customary marriage is one of the most important parts of South African culture. It is going by law in South Africa, and there is significant change identified with respect to the law protecting the rights of people over time. The main focus of analysis in this essay is on comparing the legal requirements with respect to a customary marriage before and after 15 November 2000.