100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Summary ACL: cases, tutorial answers and test guide CA$11.06   Add to cart
Quickly navigate to
Preview
  2.  
  3. University Of Cape Town (UCT)
  4.  
  5. (PVL3003S)

Summary

Summary ACL: cases, tutorial answers and test guide

1 review
 138 views  5 purchases
  • Course
  • (PVL3003S)
  • Institution
  • University Of Cape Town (UCT)

- received 81% for the course, primarily studying from these notes - these notes provide all cases - answers from 4 tutorials - and an answer guide/script for the class test

Last document update: 1 year ago

Preview 2 out of 54  pages

Document information

  • November 12, 2023
  • November 13, 2023
  • 54
  • 2023/2024
  • Summary

Subjects

  • acl

Written for

  • University of Cape Town (UCT)
  • (PVL3003S)

1  review

review-writer-avatar

By: tsepangteele • 1 month ago

Really good.

Seller

avatar-seller
LawGuru

Reviews received

Content preview

Stuvia.com - The study-notes marketplace




African Customary Law

Content
- Case summaries
- Tutorial answers
- Class test answer guide



Cases

1. Bhe v Magistrate 2005
2. Shilubana and Others v Nwamitwa and Others 2008
3. MM v MN 2013 (CC)
4. Mabena v Letsoalo 1998
5. Mabuza v Mbatha 2003
6. Mbungela v Mkabi 2020
7. Mathaba v Minister of Home Affairs (not prescribed)
8. MN v MM 2012 (SCA)
9. Palesa v Moloko 2013 (not prescribed)
10. Monyepao v Ledwaba 2020 (not prescribed)

11. Moseneke v the Master
12. Mxhosana v Mxhosana 2022
13. Mogale v Speaker of the National Assembly 2023
14. Maledu and Others v Itereleng Bakgatla Mineral Resources (Pty) 2018 (para
1-29 and 93 onwards)
15. Tongoane
16. Baleni and Others v Minister of Mineral Resources


Ascertainment and Proof of ACL

Bhe v Magistrate
2005

Facts
- concerned a constitutional challenge to the rule of male primogeniture




Downloaded by: LawGuru | 25401@stjohnscollege.co.za Want to earn

, Stuvia.com - The study-notes marketplace




- the father of applicants, Nonkuleleko and Anelisa Bhe (aged 9 and 2), had died,
and the mother brought an action to secure the deceased's property for her
daughters
- Under the African customary law rule of primogeniture as well as section 23 of
the Black Administration Act, the house became the property of the eldest male
relative of the father, in this case the grandfather.

Issue
- Black intestate estates and non-Black intestate estates were formerly governed
by different systems. Is this discriminatory?

Outcome
- s 23 of the Black Administration Act and s 1(4)(b) of the Intestate
Succession Act are inconsistent with the Constitution and are invalid
- Found to be discriminatory on the basis of race and gender
- The ISA will rather apply to intestate estates that were formerly governed by
s 23 of the Black Administration Act (BAA)
- the two Bhe daughters were appointed sole heirs to their deceased father’s
estate and received child’s portions

- the Court declined to develop customary law in terms of section 39(2) of the
Constitution on a case-by-case basis.
- It reasoned that adopting this approach would result in the slow development of
customary law.
- Regarding certainty the Court stated: ‘The problem with the development by the
courts on a case-by-case basis is that ... uncertainties regarding the real rules of
customary law will be prolonged and there may well be different solutions to
similar problems’
- ACL is recognised, protected and subject to the Constitution

Majority (Langa DCJ)
- the majority judgment acknowledged the difference between forms of customary
law in the following statement:
- The official rules of customary law are contrasted with ‘living customary
law’. The problem with the adaptations is that they are ad hoc and not
uniform. However, magistrates and the courts responsible for the
administration of intestate estates continue to adhere to the rules of
official customary law, with the consequent anomalies and hardships as
a result of changes which have occurred in society





Downloaded by: LawGuru | 25401@stjohnscollege.co.za Want to earn

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 LawGuru. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for CA$11.06. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

79202 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
CA$11.06  5x  sold
  • (1)
  Add to cart