LJU4804 ASSIGNMENT 1 SEMESTER 1 2025 – FULLY ANSWERED

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LJU4804 Assignment 1 Semester 1 | Due 28 March 2025. All questions answered. 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 the marriage. Two children were born from the
marriage and Mr Mubanga looked after them full-time. In 2017, Mr Mubanga instituted divorce
proceedings against Mrs Mubanga in the North Gauteng High Court.
 Question 1
1.1. Which legal system governs personal consequences of marriage in terms of the rules of
South African private international law? 1.2. Which legal system governs the proprietary consequences of marriage in terms of the rules
of South African private international law? 1.3. Which legal system will the South African court apply to the validity of the donation
between the spouses if it follows the via media approach to classification?

Question 2
2. Mr Mubanga’s legal representatives plan to argue that the parties intended to immigrate to
South Africa at the time of entering into the marriage, since Mrs Mubanga was already involved
in negotiations with the retail group in respect of her appointment. Advise his legal team on 3
their chances of successfully arguing in favour of intended matrimonial domicile as alternative
connecting factor for determining the law applicable to the proprietary consequences of
marriage. Your answer should be based on a proper discussion of the prescribed case Sadiku v
Sadiku Case no 30498/06 (unreported) [2007] JOL 19342 (T).