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LCP4804 - Advanced Indigenous Law Terms in this set (14) Ukufakwa entails a situation where a relative of a woman's father (brother, uncle, cousin, nephew), takes the responsibilities of the father and ensures that the customary traditions an$7.99
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LCP4804 - Advanced Indigenous Law Terms in this set (14) Ukufakwa entails a situation where a relative of a woman's father (brother, uncle, cousin, nephew), takes the responsibilities of the father and ensures that the customary traditions an
LCP4804 - Advanced Indigenous Law
Terms in this set (14)
Ukufakwa entails a situation where a relative of a woman's father (brother, uncle, cousin, nephew), takes the responsibilities of the father and ensures that the customary traditions and
ceremonies related to the initia...
LCP4804 - Advanced Indigenous Law
Jeremiah
Terms in this set (14)
entails a situation where a relative of a woman's father (brother, uncle, cousin, nephew),
takes the responsibilities of the father and ensures that the customary traditions and
ceremonies related to the initiation and/or marriage of the father's daughter are carried
out as if the relative himself was the father. This entitles the relative to a pro rata portion
of the value of the lobolo goods, expected from the marriage goods deliverable when
the daughter gets married, or received as fines imposed as a result of delicts
committed on that daughter
Ukufakwa
The relative thereby gets entitled to such portion as of right, directly from its source
(that is, as the goods are identified for delivery as lobolo goods, the relevant portion
already at that stage, belongs to the relative. This is to say, that portion never starts
belonging to the father from the beginning and the father does not have access to it. To
the extent of this portion, the relative becomes the father of the daughter in his own
right. He does not have to claim the portion from the property of the father since it
already belongs to him.
Legal q - Whether seSwati customary marriages canbe vaild without the observance of
the ukumekeza custom?
Reasons for judgement - a properly constituted customary marriage can stand where
Mabuza v Mbatha the spouses waived the observance of the ukumekeza custom, particularly as the urban
conditions are not even suitable for the performance of such a custom, which was
suitable for the rural conditions of the past
Decision of court - the validity of the customary marriage was upheld
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