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LCP4804 ASSIGNMENT 2 SEMESTER 1 - 2023 (387306)
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LCP4804 ASSIGNMENT 2 SEMESTER 1 - 2023 () DUE DATE: 23 MARCH 2023
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LCP4804 ASSIGNMENT 2SEMESTER 1 - 2023
UNIQUE NUMBER: 387306
DUE DATE: 23 MARCH 2023
, Question 1 (5 Marks)
Give the names of the parties; the legal question that was answered by
the court, the
reasons for judgment (ratio decidendi) and the decision of the court.
1. Mabuza v Mbatha 2003 (7) BCLR 43 (C)
2. Mabena v Letsoalo 1998 (2) SA 1068 (T)
3. Ngwenyama v Mayelane 2012(10) BCLR 1071 (SCA)
4. Mayelane v Ngwenyama and Another 2013 (8) BCLR 918 (CC
Question 2 (5 Marks)
Jack and Jill have been married for over five years under customary law. Jack is
considering marrying another wife. He wants to know if Jill must give consent
before he can conclude a further customary marriage. As a law student, please
advise him. Refer to the relevant case law.
Question 3 (5 Marks)
Examine the transformation of the nature and meaning of post-apartheid
customary law
1 Alexkor Ltd and Another v Richtersveld Community and Others
2003 (12) BCLR 1301 (CC)
2 Pilane and Another v Pilane and Others 2013 (4) BCLR 431 (CC)
Question 4 (5 Marks)
Choose anyone of the following indigenous African cultural institutions to
illustrate the operation of the philosophy: umntu ngumntu ngabantu/motho
ke motho ka batho. Whatever you choose make sure that you apply these
attributes of ubuntu - communal living, group solidarity, responsibility,
accountability, generosity, shared belonging, the ethos of co-operation
and the ethic of reciprocity.
1. Isondlo
1 Ukungena
2 Ukwethula
3 Ukufakwa
TOTAL = [20]
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