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LCP4804 ASSIGNMENT 02 FOR SEMESTER TWO 2022
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THIS DOCUMENT CONTAINS SOLUTIONS FOR ADVANCED INDIGENOUS LAW ASSIGNMENT 02 - 2022 SEMESTER 2.
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Lcp4804 / advanced indigenous lawassignment 02 2022 semester 2.
ASSESSMENT 2
Examine the following scenario and answer the questions that follow:
X is the most senior son of B, a deceased traditional leader of one of the prominent
kingdoms in South Africa. He hopes to succeed his father as a traditional leader and
head
of the relevant traditional authority in terms of legislation and customs presently
practised
by the jural community. The royal family has identified him (X) as the person qualified
for
appointment to those roles and has presented his particulars to the government for that
purpose in terms of section 11 of the Traditional Leadership and Governance
Framework
Act 41 of 2003.
X has an elder sister Y who also aspires to succeed her father as the traditional leader
and head of the said traditional authority. She believes that she has a stronger right
than
X to succeed her father (B), and that her feminine gender is no bar to her assumption of
that role. However, Y's bid has not been supported by the royal family and consequently
has not been recommended by the traditional authority in terms of the Act.
Y has launched a high court application to be declared the rightful successor to the
position left vacant by her father's (B's) death. The traditional authority is supporting X in
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