UPDATED LCP4804 Assignment 1 semester 1 2023-24

Question 1 (match the answer below with the corresponding case)  Umntu ngumntu ngabantu/motho ke motho ka batho 2. Traditional authorities of South Africa 3. Administration of the customary family property 4. Customary law emerges from what people do Answer 1 Indigenous African philosophical heritage Question 2 (match the answer below with the corresponding case in 1,2,3 or 4) 1. Alexkor v Richtersveld Community and Others 2003 (12) BCLR 1301 (CC  2. Daniels v Campbell and Others 2004 (7) BCLR 735 (CC) 3. Nwamitwa v Philia and Others 2005 (3) SA 536 (T) 4. Mthembu v Letsela and Another 2000 (3) SA 867 (SCA) Answer 2 The word ‘spouse’ must now be construed in a manner that is consistent with the foundational values of human dignity, equality and freedom. Question 3 (match the answer below with the corresponding case in 1,2,3 or 4) 1. Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC. 2. Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC) 3. Alexkor v Richtersveld Community and Others 2003 (12) BCLR 1301 (CC)  4. Pilane and Another v Pilane and Others 2013 (4) BCLR 431 (CC) Answer 3 The dynamic evolution of customary law was emphasised. Question 4 (match the answer below with the corresponding concept) 1. Roman-Dutch law  2. Zulu Customary law 3. English common law 4. Islamic law Answer 4 African normative values Question 5 (match the answer below with the corresponding statement in 1,2,3 or 4) This study source was downloaded by from CourseH on :07:38 GMT -06:00 1. it is common cause that no customary union existed between the appellant and the deceased. It is also common cause that no customary union was entered into subsequent to her birth. 2. 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.  3. The negotiation [of lobolo] is the crucial part in the determination of the validity of the customary marriage. 4. To say that [African law must not be opposed to the principles of public policy and natural justice] is fundamentally flawed as it reduces African Law which is practised by the vast majority in this country) to foreign law – in Africa. Answer 5 Maluleke v Minister of Home Affairs Case no 02/24921 [2008] ZAGPHC 129 (9 April 2008) (unreported) Question 6 (match the answer below with the corresponding statement)  it is common cause that no customary union existed between the appellant and the deceased. It is also common cause that no customary union was entered into subsequent to her birth. 2. To say that [African law must not be opposed to the principles of public policy and natural justice] is fundamentally flawed as it reduces African Law which is practised by the vast majority in this country) to foreign law – in Africa. 3. The negotiation [of lobolo] is the crucial part in the determination of the validity of the customary marriage. 4. 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. Answer 6 Mthembu v Letsela and Another 2000 (3) SA 867 (SCA) Question 7 (match the answer below with the corresponding case) 1. Mayelane v Ngwenyama and Another 2013 (8) BCLR 918 (CC) 2. Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC)  3. Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC. 4. Pilane and Another v Pilane and Others 2013 (4) BCLR 431 (CC) Answer 7 To transform the rule of customary law of succession, the word ‘male’ should be removed so that the eldest daughter may be appointed as the successor. Question 8 (match the answer below with the corresponding statute)  The Constitution of the Republic of South Africa, 1996 2. Traditional Leadership and Governance Framework Act 41 of 2003 3. Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 4. Recognition of Customary Marriages Act 120 of 1998 Answer 8 A traditional authority that observes a system of customary law may function subject to any legislation and customs. This study source was downloaded by from CourseH on :07:38 GMT -06:00