100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
Previously searched by you
LCP4804 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 30 MAY 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)$17.62
Add to cart
LCP4804 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 30 MAY 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)
18 views 0 purchase
Course
Advanced indigenous law
Institution
University Of South Africa (Unisa)
Book
African Customary Law in South Africa
LCP4804 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 30 MAY 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)
LCP4804 QUESTIONS
Question 1
With the aid of decided cases of critically discuss the differences between living
customary law and...
LJU4804 ASSIGNMENT 1 MEMO - SEMESTER 2 - 2024 - UNISA - DUE : AUGUST 2024 - UNIQUE NUMBER:- (572574) FULLY REFERENCED WITH FOOTNOTES- DISTINCTION GUARANTEED)
LCP4804 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 (201383) - DUE 9 September 2024 100% SUCCESS
All for this textbook (106)
Written for
University of South Africa (Unisa)
Advanced indigenous law
All documents for this subject (32)
Seller
Follow
LLBExampacksAndTutorials
Reviews received
Content preview
Tutors you can trust. Voted “BEST
SELLING” memos for the year 2022/2023.
LCP4804
Advanced indigenous law
PORTFOLIO MEMO
SEMESTER 1 – 2024 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 30 MAY 2024
Includes detailed Footnotes and/or Bibliography.
PORTFOLIO PREVIEW
Question 1.
With the aid of decided cases of critically discuss the
differences between living customary law and official
customary law and indicate why the living customary law is
held to be more aligned to the transformative value of
customary law in South Africa. [25]
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations
or warranties, express or implied. This document is to be used for comparison, research and reference purposes ONLY. No part of this
document may be reproduced, resold or transmitted in any form or by any means without prior written permission from the Author. –
LLB EXAMPACKS & TUTORIALS.
With the aid of decided cases of critically discuss the differences between living
customary law and official customary law and indicate why the living customary
law is held to be more aligned to the transformative value of customary law in South
Africa. [25]
Official Customary Law
In general, the official customary law reflects state interests and is part of state law. The
official version of customary law is found in statutes, law reports, the South African Law
Reform Commission reports, text books, university lectures and other public documents.
According to Ndima, the official version of customary law depends on alien values for
validity. Mogoro J, in Du Plessis v De Klerk1, points out that customary law "has
lamentably been marginalised and allowed to degenerate into a vitrified set of norms
alienated from its roots in the community". Costa puts it thus:Customary law as it stands
is corrupted, inauthentic and lacking authority. It is a foreign imposition, a stranger in
Africa.2
In Fosi v Road Accident Fund,3 the court put it as follows:
Indigenous African customary law has occupied an unfortunate position in the legal
history of our country. The fact is that it was hardly recognized by the law-makers and
was accordingly scarcely applied in the South African courts. It enjoyed the status of being
known that it existed and its continued existence was merely tolerated as a necessary
evil.
In Sigcau v Sigcau,4 the Appellate Division held that the individual person was the owner
of the royal family home and not merely the controller of the property. Ndima 5 puts it thus:
MEMO CONTINUES ON THE NEXT PAGE……⬇️⬇️⬇️
1Van Niekerk 2001 CILSA 480.
2 Costa 1998 SAJHR 525, 534.
3 Fosi v Road Accident Fund 2008 3 SA 560 (CPD) 567.
4 Sigcau v Sigcau 1944 AD 67 79.
5 Ndima 2007 Speculum Juris 83-84.
The benefits of buying summaries with Stuvia:
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
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
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 LLBExampacksAndTutorials. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $17.62. You're not tied to anything after your purchase.
