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LCP4804 ASSIGNMENT 2 MEMO 2022 SUPER SEMESTER UNISA( FALL 2022)

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LCP4804 ASSIGNMENT 2 MEMO 2022 SUPER SEMESTER UNISA SECOND COMPULSORY ASSIGNMENT (WRITTEN) Answer the following questions: Question 1 (i) Critically evaluate the extent of the success of the courts, in their transformative efforts to achieve the customary law that is envisioned by the Constitu...

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  • December 16, 2022
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LCP4804/001/3/2021




Tutorial Letter 001/3/2021

Advanced indigenous Law


LCP4804


Semester 1 and 2


Department of Public, Constitutional &
International Law


IMPORTANT INFORMATION
Please register on myUnisa, activate your myLife e-mail account and
make sure that you have regular access to the myUnisa module
website, LCP4804-2021-S1/S2, as well as your group website




BARCODE

, A+
LCP4804/001/3/2021



Answer 9
Indigenous normative system.


Question 10 (match the answer below with the corresponding statement)
1. Pilane and Another v Pilane and Others 2013 (4) BCLR 431 (CC).
2. Bhe v Magistrate Khayelitsha and Others 2005 (1) BCLR (1) (CC).
3. Alexkor v Richtersveld Community and Others 2003 (CC).
4. Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC).
Answer 10
The transformation of the customary law of succession to intestate estates.


SECOND COMPULSORY ASSIGNMENT (WRITTEN)
Answer the following questions:

Question 1

(i) Critically evaluate the extent of the success of the courts, in their transformative
efforts to achieve the customary law that is envisioned by the Constitution, in Mabena
v Letsoalo 1998 (2) SA 1068 (T) and Mabuza v Mbatha 2003 (7) BCLR 43
(C)…………………………………………………………………………………………. (5)

(ii) With reference to the Covid 19 pandemic and how it is being handled by South
Africans in general, and by the authorities in particular, comment on whether and how
the principle of umuntu ngumuntu ngabantu has found expression, having regard to
the handling of the applicable attributes of ubuntu.. ..………… (5)

[10]

Question 2

Suppose you are an Africanist legal academic analysing the judgments in Shilubana v
Nwamitwa 2008 (9) BCLR 914 (CC) and Bhe v Magistrate Khayelisha and Others 2005 (1)
BCLR. With reference to the facts and the legal issues that were raised in each case, examine
what you found to be novel developments, if any; and why you consider them to be either



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