Exam (elaborations)

Jan/Feb 2022 LCP4804 Advanced Indigenous Law Exam

5 purchases

Course
Advance Indigenous Law LCP4804 (LCP4804)

Institution
University Of South Africa (Unisa)

Hi Students Buying this LCP4804 Portfolio which is in Word gives you the opportunity to ADD or DELETE some information to give the document your own personal touch. For your convenience, extra subject material, footnotes, and references i.e. Case law, Internet Sources, Law Reports & Legislation ar...

[Show more]

Preview 2 out of 14 pages

View example

Uploaded on February 19, 2022
Number of pages 14
Written in 2021/2022
Type Exam (elaborations)
Contains Questions & answers

janfeb 2022 lcp4804 advanced indigenous law exam

Institution
University of South Africa (Unisa)
Course
Advance Indigenous Law LCP4804 (LCP4804)

cameciacass

Member since 4 year 271 documents sold

$5.05

Add to cart

Add to wishlist

100% satisfaction guarantee
Immediately available after payment
Both online and in PDF
No strings attached

January/February 2022

LCP4804

Advanced Indigenous Law

18-22 February 2022

Duration 96 Hours (4 Days)

Written by

Camecia Cass

BUY ME TO VIEW THE REST OF THE ANSWER

1

, QUESTION 1

With reference to the relevant African customary law authorities, and while
providing practical examples, critically discuss how South African courts
have dealt with the application of the divisive principle of male
primogeniture. [25]

Introduction:

The Male Primogeniture Rule is a customary law that specifies that only the oldest
legitimate son, to the exclusion of the other siblings, can inherit the deceased
inheritance. Prior to the Constitutional era, the South African government ignored
the Male Primogeniture Rule, which was endorsed by Black Administration Act 38
of 1927.

The South African Constitution of 1996 enshrines human rights, Ubuntu, and
democratic principles while also acknowledging customary law as a source of law,
but it must be subject to The Bill of Rights. This is backed up by Section 39(2) of
the Constitution, which provides that "when interpreting any legislation, and when
formulating any common law or customary law, every court, tribunal, or forum
must promote the spirit, meaning, and goals of the Bills of Rights."
The constitutional rights implicated 1 - In both written and oral submissions before
the Court, it was argued that the impugned provisions seriously violate various
constitutional rights, primarily, rights to human dignity 2, and to equality3, as well as
the rights of children4.

Cases that dealt with Male Primogeniture Rule:

SHILUBANA AND OTHERS V NWAMITWA 2009 (2) SA 66 (CC)

1
Bhe and Others v Khayelitsha Magistrate and Others (CCT 49/03) [2004] ZACC 17; 2005 (1) SA 580
(CC); 2005 (1) BCLR 1 (CC) (15 October 2004) para 47.
2
section 10 of the Constitution of the Republic of South Africa, Act 108 of 1996.
3
section 9 of the Constitution.
4
section 28 of the Constitution.

2

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller cameciacass. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $5.05. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

68175 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 15 years now

Start selling

Exam (elaborations)

Jan/Feb 2022 LCP4804 Advanced Indigenous Law Exam

Document information

Subjects

Written for

Seller

Reviews received

Content preview