100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
LCP4804 EXAM ANSWERS FOR 06 NOVEMBER 2023 $7.49
Add to cart

Exam (elaborations)

LCP4804 EXAM ANSWERS FOR 06 NOVEMBER 2023

 18 views  0 purchase
  • Course
  • Institution
  • Book

THIS DOCUMENT CONTAINS 100% QUALITY ANSWERS FOR LCP4804 EXAMINATION FOR 06 OCTOBER 2023. IN TEXT REFERENCING IS INCLUDED. 95 TO 98 % QUARANTINED.

Preview 2 out of 14  pages

  • November 6, 2023
  • 14
  • 2023/2024
  • Exam (elaborations)
  • Questions & answers
avatar-seller
NAME:

STUDENT NUMBER:

MODULE CODE: LCP4804

SUBJECT: ADVANCED INDIDENOUS LAW

ASSESSMENT TYPE: EXAMINATION

DATE: 06 NOVEMBER 2023




QUESTION 1




(a) Section 1 of the Recognition of customary Marriages Act, 120 of 1998 defines
customary law as the customary usages traditionally observed among the
indigenous African people of South Africa and which form part of the culture of
those people. The Same definition is given in section 1 of the Reform of
customary Law of Succession and Regulation of Related Matter Act, 11 of 2009.



The nature, role and function of customary law as pointed out in case law.

In Alexkor v The Richtevsveld community and the others, the constitutional court
defines the nature and concept of customary law as follows:

 The nature and the content of the right that Richtevsveld community held in the
subject land prior to annexation must be determined by reference to indigenous
Law. That is the law which governed its land rights. Those rights cannot be
determined by reference to common law.

,  The Privy Council has held, that a dispute between indigenous people as to the
right to occupy a piece of land has to be determined according to indigenous law
without importing English conceptions of property law.
 While in the past indigenous law was seen through the common law lens, it must
now be seen as an integral part of our law. Like all law it depends for its ultimate
force and force and validity in constitution.
 Its validity must now be determined by reference not to common law, but to the
constitution. The courts are obliged by section 211 (3) of the constitution to apply
customary law when it is applicable, subject to the constitution and any
legislation that deals with customary law.
 In doing so the courts must have regard to the spirit, purport and objects of the
Bill of Rights.
 Our constitution does not deny the existence of any other rights or freedom that
are recognised or conferred by common law, customary law or legislation, to the
extent that they are consistent with the Bill of Rights.
 The constitution acknowledges the originally and distinctiveness of indigenous
law as an independent source of Norms within the legal system.
 At the same time the constitution, while giving force to indigenous law, makes it
clear that such law is subject to the constitution and has to be interpreted in the
light of its values.
 Furthermore, like the common law, indigenous law is subject to any legislation,
consistent with the constitution that specifically deals with it. In the result,
indigenous law feeds into, nourishes, fuses with and becomes part of the
amalgam of South African law.
 It is important to note that indigenous law is not a fixed body of formally
classified and easily ascertainable rules. By its very nature it evolves as the
people who live by its norms Change their patterns of life.
 In applying indigenous law, it is important to bear in mind that, unlike common
law, indigenous law is not written. It is a system of law that was known to the
community, practiced and passed on from generation to generation.

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 koketsosilas. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $7.49. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

52510 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
$7.49
  • (0)
Add to cart
Added