Answer to Question #314349 in English for Mario TOdd

Question

Does lobola form part of statutory law or common law In South Africa - We need to substantiate our answer by discussing the sources of law

Answer 1

Lobola is part of the common law in South Africa. The constitution of South Africa does not consider lobolo as statutory law, however, section 3(1)(b) of the marriage Act recognizes lobolo as part of the essential requirements for customary marriage. Section 3(1) of the customary marriage Act stipulates in order for a customary marriage to be valid, it has to be entered into by a man and woman over the age of 18 years who have the intention of getting married under Customary Law, and the marriage must be negotiated and entered into or celebrated in accordance with Customary Law