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LCP4804_ADVANCED AFRICAN CUSTOMARY LAW QUESTION PACK 1 complete
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  • LCP 4804
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  • University Of South Africa

ADVANCED AFRICAN CUSTOMARY LAW QUESTION PACK Question 1: Conflict between Indigenous law and the Bill of Rights is unavoidable. What are some of the examples of such conflicts and how does the Constitution, Act 108 of 1996 indicate how this conflict should be dealt with. (20) Question 2: Discus...

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  • October 7, 2023
  • 14
  • 2023/2024
  • Exam (elaborations)
  • Only questions

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  • lcp4804advanced african customary law question pa

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  • University Of South Africa
  • LCP 4804
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CLS cc ©
Advanced Indigenous Questions
1

ADVANCED AFRICAN CUSTOMARY LAW QUESTION PACK

Question 1:

Conflict between Indigenous law and the Bill of Rights is unavoidable. What
are some of the examples of such conflicts and how does the Constitution,
Act 108 of 1996 indicate how this conflict should be dealt with. (20)

Question 2:

Discuss guardianship over the various classes of members of the household.
(25)

Question 3:

Evaluate the following statements with regard to Indigenous law:

a) Isondlo is a form of compensation for bringing up a child of another.
(5)
b) Indigenous law recognises various kinds of rights to land. (5)
c) According to Indigenous law, if a family head has many sons in a
house, he may occasionally allocate some to another house. (5)
(15)

Question 4:
a) Discuss the legal position of the so called double marriages. (15)
b) Explain how far a marriage is considered dissolved through the death
of a spouse in indigenous law. (15)
(30)

Question 5:

Explain the implications of Regulation 2 of the Regulations for the
Administration and Distribution of estates of deceased Blacks Act of 1987.
(10)

(100)




Critical Law Studies cc ©

, CLS cc ©
Advanced Indigenous Questions
2

Question 6:

Discuss how the potential conflict between the Indigenous law and the
Constitution should be dealt with. Does the Constitution give any clear
answer in this regard? (25)

Question 7:
Discuss the factors influencing indigenous rules of succession. (20)
Question 8:

Write notes on each of the following:
a) The indigenous rights on land. (15)
b) The extent to which the common law position of maintenance
affects the Indigenous Law. (10)
c) Freedom of testation in Indigenous law. (10)
(35)

Question 9:

It is a known fact that lobolo is also delivered with regard to most civil
marriages. By doing so, indigenous values with regard to the marriage
institution are linked to civil marriages, which would appear not to be
reconcilable. Evaluate this statement with specific reference to the
following:

a) The civil marriage and the theleka-custom;
b) Lobolo and substitution;
c) Guardianship and custody of children and lobolo;
d) Dissolution of the civil marriage and lobolo. (20)
(100)




Critical Law Studies cc ©

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