Advanced indigenous law LCP4804 _tutorial_letter_201_2017___2023 latest update
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Course
LCP 4804
Institution
University Of South Africa
(A) ASSIGNMENT 01
ASSIGNMENT 01: MULTIPLE-CHOICE QUESTION ASSIGNMENT CLOSING DATE:
UNIQUE NUMBER FOR LCP4804 STUDENTS: PLEASE NOTE!!! PLEASE NOTE!!!
Instructions:
1. Your answer must be completed on a Unisa mark-reading sheet.
2. The assignment consists of 10 statements.
3. You must s...
advanced indigenous law lcp4804 tutorialletter20120172023 latest update
1 fanti v boto and others 2008 5 sa 405 c 2 pilane and another v pilane and others 2013 4 bclr 431 cc 3 ngweny
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APPENDIX B: SECOND SEMESTER COMPULSORY ASSIGNMENTS
(A) ASSIGNMENT 01
ASSIGNMENT 01: MULTIPLE-CHOICE QUESTION ASSIGNMENT
CLOSING DATE: 10 August 2017
UNIQUE NUMBER FOR LCP4804 STUDENTS: 791864
PLEASE NOTE!!! PLEASE NOTE!!!
Instructions:
1. Your answer must be completed on a Unisa mark-reading sheet.
2. The assignment consists of 10 statements.
3. You must select the accurate one.
Marking of the assignment:
1. Each answer carries one mark.
2. No mark will be awarded for an incorrect answer.
3. No mark will be awarded for an unanswered question.
4. The assignment is not marked negatively: that is, marks will not be deducted for incorrect
answers
Assessment of the assignment:
The assignment will count 10% towards your year mark. If you do not submit the assignment,
you will not be admitted to the examination.
The information that follows is extremely important. It deals with the instructions on how to
complete and submit the assignment. Please read this information very carefully before you
start with the assignment.
1. Please consult the brochure my Studies @ Unisa for instructions on how to use and
complete a mark-reading sheet, as well as an example of an orange mark-reading sheet
used for assignment purposes. Follow the instructions very carefully. Please ensure
that your name, address, student number, unique number, module code and assignment
number appear on the mark-reading sheet, and that this information is correct.
2. Please use an HB pencil when you fill in the mark-reading sheet. Please do not use
a pen when you complete the mark-reading sheet. Please mark the number thatt that
you choose next to the relevant extract.
3. Each year a number of students submit faulty mark-reading sheets that cannot be
processed by the computer. Sheets that are rejected by the computer will be returned to
students without being marked.
24
, LCP4804/101
4. You may also submit the assignment via myUnisa. Do not fax the assignment to the
University. Also, do not fax or e-mail the assignment to the lecturers.
5. Do not submit the assignment a second time. The computer will simply reject this
assignment as a duplicate assignment.
6. Make sure that you submit the mark-reading sheet in time for the University to
receive it by the closing date. No extension will be granted for the submission of the
assignment, since the assignment is marked by the computer.
7. Students who submit the assignment long before the closing date will have to wait for their
results until the assignment is marked by the computer. No results will be available
before the closing date of the assignment.
8. Soon after the closing date of the assignment you will receive a computer printout giving
your answers, the correct answers to the questions (ie the lecturer’s answers) and your
mark for the assignment.
9. The Assignment 01: multiple-choice question assignment consists of 10 questions. Make
sure that you answer all the questions on the same mark-reading sheet! These questions
cover the entire LCP4804 study guide and the compulsory readings in your
prescribed/recommended books. Each question counts one mark.
10. This assignment counts 10 marks. The mark that you obtain for this assignment will form
part of your year mark and may count towards your final mark, if you obtain a subminimum
of 40% in the examination.
11. The detailed commentary on Assignment 01 (multiple-choice question assignment) will be
sent to you in another tutorial letter together with the commentary on Assignment 02
(written assignment) so that you can check your answers by using the commentaries.
Remember, the assignments and the commentaries on these assignments constitute an
important part of your study material for the examination.
ASSIGNMENT 01: MULTIPLE-CHOICE QUESTION ASSIGNMENT
CLOSING DATE: 10 August 2017
UNIQUE NUMBER FOR LCP4804 STUDENTS: 791864
The assignment consists of 10 statements. Answer all the questions with an HB pencil on the
mark-reading sheet provided. Please do not use a pen when you complete the mark- reading
sheet. There are two lists – a list of study sources and a list of extracts from those sources.
Please study those sources in order to find the one from which the extract comes. Thereafter
please mark the number from which the extract comes as your answer by making a mark against
it. You may not choose more than one answer.
25
,Question 1
1. Pilane and Another v Pilane and Others 2013 (4) BCLR 431 (CC)
2. Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC)
3. Mthembu v Letsela and Another 2000 (3) SA 867 (SCA)
4. Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009
Answer 1 (match the following answer with the corresponding case or statute in the above list )
The primary purpose of the rule is to preserve the family unit and ensure that upon the death of the
family head, someone takes over the responsibilities of the family head. These responsibilities include
looking after the dependants of the deceased and administering the family property on behalf of and for
the benefit of the entire family.
Question 2
1. Fanti v Boto and Others 2008 (5) SA 405 (C)
2. Pilane and Another v Pilane and Others 2013 (4) BCLR 431 (CC)
3. Ngwenyama v Mayelane 2012(10) BCLR 1071 (SCA)
4. Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009
Answer 2 ((match the following answer with the corresponding case or statute in the above list).
The purpose of the Recognition of Customary Marriages Act 120 of 1998 is to protect all women, not a
particular woman
Question 3
1. Mabuza v Mbatha 2003 (7) BCLR 43 (C)
2. Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC)
3. Mthembu v Letsela and Another 2000 (3) SA 867 (SCA)
4. Traditional Leadership and Governance Framework Act 41 of 2003
Answer 3 (match the following answer with the corresponding case or statute in the above list).
It is no longer proper to say that customary law should not be contrary to natural justice and public policy
as if we are still in the pre-constitutional situation.
Question 4
1. Ngwenyama v Mayelane 2012(10) BCLR 1071 (SCA)
2. Fanti v Boto and Others 2008 (5) SA 405 (C)
3. Mayelane v Ngwenyama and Another 2013 (8) BCLR 918 (CC)
4. Mthembu v Letsela and Another 1997 (2) SA 936 (T)
26
, LCP4804/101
Answer 4 (match the following answer with the corresponding case or statute in the above list).
It is clear from Bennett’s opinion attached to the respondent’s heads of argument that a widow in particular,
may remain at the deceased’s homestead and continue to use the estate property, and that the heir may
not eject her at whim.
Question 5
1. Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC)
2. Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC)
3. Mthembu v Letsela and Another 2000 (3) SA 867 (SCA)
4. Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
Answer 5 (match the following answer with the corresponding case or statute in the above list).
The Act was part of a comprehensive exclusionary system of administration imposed on Africans,
ostensibly to avoid exposing them to a result which, ‘to the Native mind’, would be ‘both startling and
unjust’.
Question 6
1. Maluleke v Minister of Home Affairs Case no 02/24921 [2008] ZAGPHC 129 (9 April 2008)
(unreported)
2. Gumede v President of the Republic of South Africa 2009 (3) BCLR 243 (CC)
3. Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC)
4. Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC)
Answer 6 (match the following answer with the corresponding case or statute in the above list).
Past practice of customary law continues to apply until it is clear that a contemporary practice has since
developed.
Question 7
1. Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC Maluleke v Minister of Home
Affairs Case no 02/24921 [2008] ZAGPHC 129 (9 April 2008) (unreported)
2. Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC)
3. Maluleke v Minister of Home Affairs Case no 02/24921 [2008] ZAGPHC 129 (9 April 2008)
(unreported)
4. Gumede v President of the Republic of South Africa 2009 (3) BCLR 243 (CC)
27
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