Cases

Question 1

Ramuhovi

Answer 1

1) Prevents discrimination against women married before RCMA came
into force

2) Confirmed that the RCMA abolishes the marital power of the husband
over the wife

3) Abolition of women’s minority status and elevation of their legal
status has encroached on the concept of the husband as the head of
the family

4) Women can now partake in decision-making on marital matters

Question 2

Netshituka

Answer 2

Conclusion of a customary marriage between spouses without simultaneously registering a civil marriage renders the subsequent civil marriage to a person outside the
marriage void

Question 3

Motsepe v Khosa

Answer 3

1) A man who is not the biological father of the child is permitted to pay lobolo for the child of an unmarried women

2) Child becomes attached of the man who paid lobolo

3) Traditionally lobolo was key in the affiliation of a child

4) Fathers obtained parental rights by paying lobolo

5) Before lobolo, rights vested with mother’s father

Question 4

Shibi v Sithole

Answer 4

1) Shibi challenged the constitutionality of s 23 of the BAA

2) Appointment of heirs by the magistrate in terms of s 23 of the BAA

3) Appointment followed the principle of male primogeniture

Question 6

Ramuhovi and Gumede held

Answer 6

S6 be held retrospectively