PVL2601 - Family Law

FIRST SEMESTER 2021 - ASSIGNMENT 01

NAME: XOLANI MAHLANGU

STUDENT NUMBER: 57830932
UNIQUE NUMBER: 711377
ASSIGNMENT 01
CLOSING DATE: 10 May 2021
……………………………………………………………………………………………………………………………………………………………….

Question 1

Both spouses are entitled to live in the matrimonial home, irrespective of which spouse owns
the matrimonial house. One spouse confers this right on the other. It is a sui generis and
invariable consequence of a civil marriage. As a rule, the owning spouse(Mr. Sisulu) may not
eject the other spouse (Mrs. Sisulu) from the matrimonial home without providing her with
suitable alternative accommodation.

Mrs. Sisulu can also rely on section 28(2) of the Constitution, which requires that a child’s best
interests must be of paramount concern in every matter that concerns the child.1 The
“innocent” spouse could be ejected from the matrimonial home if the interests of a child 2
required that. Their child, Lerato is still young and lives with severe physical and mental
disabilities and she needs constant care which can best be provided by Mrs. Sisulu in this case.
Mrs. Sisulu is no longer working; she will be able to provide that care best in this very own
house. The house is best suitable for Lerato’s needs because they have already adapted the
house to accommodate Lerato’s needs.

1
Constitution of the Republic of South Africa, 1996.
2 section 28(2) of the Constitution of the Republic of South Africa, 1996.
Mrs. Sisulu has more basis to remain in this house than Mr. Sisulu. If Mrs. Sisulu revoke section
28(2) of the Constitution, Mr. Sisulu could be ejected from the matrimonial home if the
interests of a child require that, should they opt for divorce. Mr. Sisulu may not eject her from
the house, even if he attempts, he will not win the case.

Question 2

a.

i. The assets each spouse brought into the marriage.

ii. The duration of the marriage.
iii. Each spouse’s debts at the commencement of the marriage.
iv. Each spouse’s contribution to the joint estate.3

b.

(i) is R0.00 (Nil) - that is so because Mr. Monama’s liabilities exceed his assets at the
commencement of the marriage, consequently, he did not declare any estate in the
antenuptial contract. If the commencement value is not declared in either the
antenuptial contract or a separate statement, it is deemed to be nil, as prescribed in
the Matrimonial Property Act.
(ii) R20 000 - Mrs. Monama declared R10 000 as her estate in the antenuptial contract
at the commencement of the marriage. At the time of divorce, the money was worth
twice the commencement value, making it R20 000 at the of divorce.4

c. is called complete separation of proper.

3
P Bakker, L De Jong, J Heaton and J Le Roux-Bouwer. Only study guide for PVL2601. 2016. Muckleneuk, Pretoria:
University of South Africa.
4
Heaton J and Kruger H. South African Family Law. 4th edition. 2015. LexisNexis: Durban.