Study Unit 2 - Lecture 3 Flashcards

(10 cards)

1
Q

What does RCMA 120 of 1998 recognise?

A

All valid customary marriages, whether concluded before or after the Act.

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2
Q

What makes a traditional customary marriage valid?

A

No kinship, family consent, lobolo, bride transfer, and no existing marriage.

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3
Q

What is lobolo?

A

Property given by the groom’s family to the bride’s family in consideration of marriage.

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4
Q

What is the effect of bride’s transfer?

A

Symbolises the transfer of guardianship to the groom’s family.

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5
Q

Can lobolo be paid in full after the marriage?

A

Yes, depending on tribal custom.

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6
Q

What does Fanti v Boto say?

A

A valid customary marriage includes family consent and bride transfer.

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7
Q

Can someone in a polygynous marriage register all marriages?

A

Yes, under RCMA section 2(3) and (4).

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8
Q

What is the age requirement for marriage under RCMA?

A

18 years or older, with exceptions for minors with consent.

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9
Q

Is registration necessary for validity?

A

No, but it serves as formal proof of the marriage.

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10
Q

Can a customary marriage convert into a civil marriage?

A

Yes, if it is monogamous and neither spouse is married to another person.

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