Theme 6: Customary Law Cases

Question 1

Jezile v S

Answer 1

1) The court rejected his defence and found him guilty on charges of rape and human trafficking

Question 2

Kos v Minister of Home Affairs

Answer 2

1) Heterosexual couples.
2) One member changes their sex.
3) They were married in terms of the Marriage Act.
4) Court needed to determine what the effect of that would
be on the marriage.
5) Department refused to change their sex descriptions because the Marriage Act only allows heterosexual couples.
6) These parties should be allowed to change their ID’s and Passports.
7) Court rejected the arguments made by Home Affairs.
8) Couple was permitted to stay married under the Marriage Act.

Question 3

MM v MN

Answer 3

1) The court ruled that to enter a subsequent customary marriage, the husband must acquire the consent of his
existing wife or wives

Question 4

Gumede v President of the Republic of South Africa

Answer 4

1) Provided for any amendment to section 7 of the RCMA.
2) In terms of the amended section, a monogamous customary marriage is in community of property unless it
is specifically excluded and thus it has the same consequences as the default system for civil marriages regardless of whether it was concluded before or after
the commencement of the RCMA.
3)