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LCP4804 EXAM PACK 2024/2025

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LCP4804 EXAM PACK 2024/2025 QUESTIONS WITH DETAILED ANSWERS. CREATED FROM RECENT PAST EXAM PAPERS. CONTAINS QUESTIONS WITH RESPECTIVE ANSWERS

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  • October 19, 2024
  • 63
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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,UNIVERSITY EXAMINATIONS




May/June 2024



LCP4804



Advanced Indigenous Law


100 Marks

Duration FOUR (4) Hours



First examiner: Ms NF Dlamini-Ndwandwe

Second examiner: Mr JT Mabala

,This paper consists of 9 pages.




Instructions:



1. The examination question paper counts 100 marks.



2. It consists of four (4) questions. Answer ALL the questions.



3. The duration of the examination on the timetable is four (4) hours.




LCP4804 QUESTIONS 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]




Question 2


Zanele and Buntu have been married for over five years under

customary law. Buntu is considering marrying another wife. He

wants to know if Zanele must give consent before he can conclude

a further customary marriage. With comprehensive reference to

, the applicable law and case law advise him on the law regarding

this. [25]




Question 3


(i)`Critically evaluate the extent of the success of the courts, in

their transformative efforts to achieve the customary law that is

envisioned by the Constitution, in Mabena v Letsoalo 1998 (2) SA

1068 (T) and Mabuza v Mbatha 2003 (7) BCLR 43.

(15)


(ii) Discuss some of the observations or criticisms that have been

levelled against the court’s decision in Mthembu v Letsela and

Another 2000 (3) SA 867 (SCA) in deciding on the question of the

male primogeniture rule and illegitimacy under customary law.

(15)




[30] Question 4


(i) Make a critical appraisal of the probative value of the

contribution of the

legislation on the Recognition of Customary marriages Act 120 of

1998 on the development or otherwise of post-apartheid customary law. (5)

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