LJU4804 Assignment 1 2025 | 28 March 2025

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LJU4804 PRIVATE INTERNATIONAL LAW ASSIGNMENT 1

FOR FIRST SEMESTER STUDENTS
UNIQUE NUMBER: 147566
DUE DATE: 28 March 2025 at 17:00 (CAT)
Read the set of facts provided below and then answer the questions that follow:

Mr and Mrs Mubanga got married in Mauritius in December 1982. At the time of
concluding the marriage they were both Zambian citizens and domiciled there as well.
They concluded an antenuptial contract that excludes community of property and all
forms of profit sharing. Early in January 1983, the parties relocated to Pretoria (South
Africa) and established a domicile there. The reason for the relocation was that Mrs
Mubanga took up an offer as senior executive of a large retail company based in South
Africa. Mrs Mubanga was already involved in negotiations in respect of this lucrative
employment opportunity some months prior to themarriage. Two children were born
from the marriage and Mr Mubanga looked after them fulltime.

1.1 Which legal system governs personal consequences of marriage in terms of
the rules of South African private international law?

The legal system governing personal consequences of marriage in terms of South
African private international law is the lex domicilii of the spouses at the time of the
transaction in question.¹ This rule applies irrespective of whether the legal system of
another country (e.g., Zambia) classifies the same issue as a proprietary
consequence.²

¹ Powell v Powell 1953 (4) SA 304; Forsyth, Private International Law.
² The classification of an issue (e.g., as personal or proprietary) is determined by South African private international
law, not foreign law.