100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
LCP4804ASSIGMENT2DUE11SEPTEMBER2023 $3.31   Add to cart

Exam (elaborations)

LCP4804ASSIGMENT2DUE11SEPTEMBER2023

 1 view  0 purchase
  • Course
  • Institution

LCP4804ASSIGMENT2DUE11SEPTEMBER2023

Preview 2 out of 5  pages

  • September 10, 2023
  • 5
  • 2023/2024
  • Exam (elaborations)
  • Questions & answers
avatar-seller
, LCP4804 ASSIGNMENT 02 DUE 11SEPTEMBER (341217)

QUESTION 1
Make a critical evaluation of the provisions of section 39(2) of the
Constitution of the Republic of South Africa, 1996 as they pertain to
customary law and provide an illustration of at least two cases
where these provisions (section 39(2)) were applied to develop
customary law in the courts. (15)

Section 39(2) of the Constitution of the Republic of South Africa,
1996 states, "When interpreting any legislation, and when
developing the common law or customary law, every court,
tribunal or forum must promote the spirit, purport and objectives
of the Bill of Rights."

The provisions of section 39(2) are crucial in promoting the
advancement and development of customary law in South Africa.
Customary law refers to the traditional practices and norms of
indigenous communities that have been recognized and protected
under the Constitution. It plays a significant role in promoting
cultural diversity, respecting the rights and dignity of individuals,
and ensuring access to justice for all South Africans.

One critical evaluation of section 39(2) is its broad language, which
allows for interpretation and development of customary law. While
this flexibility is necessary to ensure the relevance and adaptability
of customary law in a changing society, it can also lead to
inconsistent interpretations by different courts. The lack of specific
guidelines or criteria for the development of customary law can
result in varying outcomes and potential judicial activism.

Despite this limitation, section 39(2) has been applied in several
cases to develop customary law in the courts. Two notable
examples are the cases of Bhe v Magistrate, Khayelitsha; Shibi v
Sithole.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

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

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

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 mahimbye. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $3.31. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

76462 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$3.31
  • (0)
  Add to cart