Lecture 18

Question 1

Monogamous customary marriage before the RCMA

Answer 1

1) Section 7(1) of the RCMA:
2) Gumede v President of the Republic of South Africa and Others 2009
3) In community of property if no antenuptial contract
4) Ramuhovhi and Another v President of the Republic of South Africa and
Others 2018 (2) SA 1 (CC)
5) Recognition of Customary Marriages Amendment Act 1 of 2021

Question 2

Monogamous customary marriages after the RCMA

Answer 2

1) Recognition of Customary Marriages Amendment Act 1 of 2021
2) Section 7(2) of the RCMA
3) Marriage in community of property if no antenuptial contract
4) The same consequences as a civil marriage; Matrimonial Property Act
5) Does not matter if concluded before or after RCMA

Question 3

Section 7(6) of the RCMA

Answer 3

1) Apply to court for approval of written contract
2) MN v MM 2012 4 SA 527 (SCA)

Question 4

Types of postnuptial contracts

Answer 4

1) Postnuptial contract altering the property system of the spouses
2) Postnuptial contract
regulating the future property system of a polygynous marriage

Question 5

Postnuptial contract altering the property system

Answer 5

1) Section 7(4) of the RCMA: monogamous and polygynous customary marriage concluded before the RCMA
2) Section 7(5) of the RCMA: monogamous customary marriage concluded after the RCMA
3) Voluntary application
4) Requirements for a successful application

Question 6

Extra-judicial/informal change of property system

Answer 6

1) Antenuptial vs postnuptial contract
2) Immutability principle
3) Honey v Honey

Question 7

Postnuptial contract regulating the future property system of a
polygynous marriage

Answer 7

1) Compulsory statutory requirement
2) Apply to court for approval of written contract
3) What if there is no approved contract?
4) MN v MM 2012 4 SA 527 (SCA)