X and Y entered into a marriage on the 26 of August 1998 in Kwa-Zulu Natal. X, the husband, manages the family assets and controls the acquisition and disposal of such assets as the family head. According to the judgement in the case of Gumede v The President of the RSA (3) SA 152 (CC) which of the following statements is correct regarding the legality of X’s actions?

Question

Answer

Customary marriages entered into before the commencement of the act are not regulated by Act 120 of 1998 and therefore X’s actions are valid.

Answer

The proprietary consequences of customary marriages entered into before the commencement of the Act should continue to be governed by customary law and thus, the husband has the right of control over the marriage property.

Answer

Both spouses in a customary marriage, irrespective of when it was concluded, have the right to control the marriage property thus the husband’s actions are incorrect.

Answer

Section 20 of the Natal Code of Zulu law states that the husband is the head of the family and therefore X has exclusive rights to control the marriage property.

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X and Y entered into a marriage on the 26 of August 1998 in Kwa-Zulu Natal. X, t...

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