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LCP4804 - Advanced Indigenous Law LATEST UPDATE 2023

LCP4804 - Advanced Indigenous Law
LATEST UPDATE 2023
Ukufakwa - ANSWER-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 ri
Mabuza v Mbatha - ANSWER-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

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Level: University
School: Open University
Course: Law
Document
Section: Examinations
Made on: 05-09-2024
Type: .pdf
Pages: 4
Language: English
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LCP4804 - Advanced Indigenous Law LATEST UPDATE 2023

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