Lecture 5

Question 1

Validity requirements for civil marriages

Answer 1

1. Consensus
2. Capacity to act
3. Lawfulness
4. Prescribed
   formalities

Question 2

Factors that can influence capacity to act

Answer 2

1) Mental illness

2) Age

Question 2

Capacity to act

Answer 2

1) Capacity to enter into the marriage

2) Juristic act

3) Must appreciate legal nature

4) Must appreciate consequences

Question 3

Civil Union Act

Answer 3

“civil union” means the voluntary union of two persons who are both 18 years of
age or older, which is solemnized and registered by of either a marriage or a civil partnership in accordance with the procedures prescribed in this Act

Question 4

Marriage Act

Answer 4

1) No minimum age set

2) Common law position: puberty

Question 5

Consent requirements for a minor

Answer 5

1) Parents/guardians

2) Minister of Home Affairs

3) Presiding officer of the Children’s Court

4) High Court

Question 6

Parental consent

Answer 6

1) Children’s Act

2) Every parent vested with guardianship

3) Any other person to whom guardianship has been assigned

4) Best interests of the child

Question 7

Consent not obtained?

Answer 7

Section 24A(1) of the Marriage Act

Question 8

Voidable marriage but time limits

Answer 8

1) Time limits for application to dissolve marriage

2) Application by parents

3) Application by minor

Question 9

Consent of the Minister of Home Affairs

Answer 9

1) No consent renders marriage void

2) In addition to parental consent

3) Marriage Act
3.1) Girls between the ages of 12 and 15
3.2) Boys between the ages of 14 and 18

Question 10

Presiding officer of the Children’s Court

Answer 10

1) Required in two instances:
1.1) Child has no parents/guardian OR
1.2) Good reasons exist why the consent of parents/guardian cannot be
obtained

2) Meant to replace consent of parents/guardian

3) Voidable

Question 11

High Court

Answer 11

1) Parents/guardian/presiding officer refuses to grant consent

2) Only grant permission IF
2.1) Refusal is without adequate reason
2.2) Refusal is contrary to the child’s interests

3) Section 28(2) of the Constitution: best interests of the child

Question 12

International law

Answer 12

1) Convention on the Rights of the Child

2) African Charter on the Rights and Welfare of the Child

3) Joint General Comment on Ending Child Marriage

4) International Movements on ending child marriage

Question 13

Lawfulness:
Are the parties in general
competent to conclude a
marriage?

Answer 13

1) Age

2) Pre-existing marriage

Question 13

Relationship

Answer 13

1) Blood relationship

2) Affinity

3) Adoption

Question 14

Are the parties competent
to conclude a marriage
with each other?

Answer 14

1) Sex

2) Relationship

Question 15

Blood relationship

Answer 15

1) Consanguinity

2) Blood related = share a common ancestor

3) Role of the common law

4) Direct line vs collateral line

Question 15

Direct line

Answer 15

1) Ascendants and descendants

2) Absolutely and forever prohibited

Question 16

Collateral line

Answer 16

Same family line but not direct line

Question 17

Affinity

Answer 17

1) Relationship through the conclusion of a marriage

2) Relationship between spouse and their spouse’s blood relations
* Ascending and descending line

Question 18

Affinity

Answer 18

1) Affinity in the direct line

2) Prohibited from concluding a marriage

3) Affinity in the collateral line

4) Not prohibited