LJU4804 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE:- 17 MAY 2024 - DETAILED ANSWERS WITH FOOTNOTES & BIBLIOGRAPHY- DISTINCTION GUARANTEED!
QUESTION 1
Instructions: Read the set of facts below and answer the questions that follow.
Mr Sibanda and his first wife, Jane, obtain...
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LJU4804
Private International law
PORTFOLIO MEMO
SEMESTER 1 – 2024 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 10th MAY 2024 - 17 MAY 2024
Includes detailed Footnotes and/or Bibliography.
PORTFOLIO PREVIEW
QUESTION
Instructions: Read the set of facts below and answer the
questions that follow. Mr Sibanda and his first wife, Jane,
obtained a divorce order in the Caymen Islands in 1998 while
Jane was domiciled there. Mr and Mrs Mary Sibanda got
married in December 2000 while on vacation in Zanzibar….. SEE
PAGE 1…
Questions continue…
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Instructions: Read the set of facts below and answer the questions that follow. Mr Sibanda
and his first wife, Jane, obtained a divorce order in the Caymen Islands in 1998 while
Jane was domiciled there. Mr and Mrs Mary Sibanda got married in December 2000 while
on vacation in Zanzibar. They executed an ante-nuptial contract excluding all forms of
community of property and of profit and loss. At the time of entering into the marriage, Mr
and Mrs Mary Sibanda were both Malawian citizens, whilst Mr Sibanda was working and
residing in London, England, on a two-year fixed term contract, with the prospect of a
further renewal. However, shortly after returning from their honeymoon, Mr and Mrs Mary
Sibanda immigrated to South Africa and established a domicile in Johannesburg. Three
children were born from the marriage and Mrs Mary Sibanda stayed at home to look after
them, since Mr Sibanda travelled extensively as the CEO of a large retail company. In
October 2018, Mrs Mary Sibanda instituted divorce proceedings against Mr Sibanda in
the South Gauteng High Court, Johannesburg.
1.1 Which legal system applies to the material validity of Mr and Mrs Sibanda’s marriage
in terms of the South African rules of private international law? (2)
The material validity of Mr and Mrs Sibanda’s marriage in terms of South African rules of
private international law is determined by the law of the place where the marriage
certificate was issued1. In this case, the marriage certificate was issued in Zanzibar when
they got married in December 2000. Therefore, Zanzibar law governs the material validity
of their marriage. Since they later established a domicile in Johannesburg, South Africa,
the South African courts would apply Zanzibar law to assess the validity of their marriage.
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