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IND2601 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 Course African Customary Law (IND2601) Institution University Of South Africa (Unisa) Book Introduction to Legal Pluralism in South Africa$2.50
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IND2601 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 Course African Customary Law (IND2601) Institution University Of South Africa (Unisa) Book Introduction to Legal Pluralism in South Africa
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Course
African Customary Law
Institution
University Of South Africa
Book
Introduction to Legal Pluralism in South Africa
IND2601 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024
Course
African Customary Law (IND2601)
Institution
University Of South Africa (Unisa)
Book
Introduction to Legal Pluralism in South Africa
IND2601 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE August 2024 ; 100% TRUSTED Complete, trusted solutions and explanations..
IND2601 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE August 2024 ; 100% TRUSTED Complete, trusted solutions and explanations.
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African Customary Law
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IND2601 Assignment
1 (COMPLETE
ANSWERS) Semester 2
2024 - DUE August
2024 ; 100% TRUSTED
Complete, trusted
solutions and
explanations.
ADMIN
[COMPANY NAME]
, 1.Discuss the case and judgement in the case of Gumede v
President of the Republic of South Africa & others (CCT 50/08
[2008] ZACC 23, 2009(3) BCLR 243, whilst addressing the
following: (i) The facts of the case (5) (ii) The legal question that
was answered by the court (7) (iii) The decision of the court and
reasons for the judgement (8)
Gumede v President of the Republic of South Africa & Others
(CCT 50/08) [2008] ZACC 23, 2009 (3) BCLR 243
(i) The Facts of the Case (5 marks)
The case of Gumede v President of the Republic of South
Africa & Others involved Mrs. Bheki Gumede, who was married
to her husband under customary law before the Recognition of
Customary Marriages Act 120 of 1998 (the Act) came into force.
The couple's marriage was thus governed by the KwaZulu Act on
the Code of Zulu Law, 6 of 1985, which vested control and
ownership of all family property in the husband. Upon Mr.
Gumede's death, Mrs. Gumede sought a division of the
matrimonial property, but was met with the legal reality that she
had no legal claim to the property acquired during their marriage,
as it was solely owned by her late husband under the customary
law applicable at the time.
(ii) The Legal Question that was Answered by the Court (7
marks)
The core legal question addressed by the Constitutional Court was
whether the provisions of the Recognition of Customary
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