LU4 Customary Law of Obligations.docx

Customary Delict

A type of wrong typically involving sexual wrongs, property damage, limited defamation, or acts like murder and theft, governed by customary law.

Accessory Liability

The principle that a family head is liable for delicts committed by unemancipated inmates of the family home.

Delict

A civil wrong that causes harm or loss, providing grounds for a lawsuit.

Impregnation Delict

A claim in customary law due to the impregnation of an unmarried girl, allowing for multiple claims unlike defloration.

Defloration

The customary delict involving the loss of virginity, distinguished from common law, focusing on the physical act rather than mere enticement.

Ukuthwala

A process where a man 'abducts' a woman to signify intent for marriage, subject to parental approval and customary negotiations.

S6 of RCMA

A section of the Recognition of Customary Marriages Act stating that wives have equal status and capacity as their husbands.

Family Head

An individual, typically male, recognized as the leader of a family unit under customary law, responsible for the actions of family members.

Seduction Beast

A customary law payment imposed for the defloration of a girl, intended to punish the wrongdoer.

Virginity Beast

Compensation paid to a girl's mother for the loss of her daughter's virginity, acknowledging the mother's efforts to protect it.

Quantum in Adultery

The determined compensation, often in cattle, that a husband can claim for his wife’s adultery.

Defamation in Customary Law

An accusation against someone's character, not widely recognized as a delict in customary law, except in areas like KwaZulu-Natal.

Delict and Adult Responsibility

Under customary law, adults (18 and above) are wholly liable for their own delicts; parental liability applies to minors.

Customary Marriage

A valid marital relationship under customary law, which might persist after the death of a partner.

Evidence called a Catch

An article taken from the man's home as evidence in adultery cases, supporting claims against the alleged offender.