LCP4804 ASSIGNMENT 2 MEMO - SEMESTER 2 - 2023 - UNISA - (UNIQUE NUMBER: - ) (DISTINCTION GUARANTEED) – DUE DATE:- 11 SEPTEMBER 2023
QUESTION 1
Make a critical evaluation of the provisions of section 39(2) of the Constitution of the
Republic of South Africa, 1996 as they pertain to customa...
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LCP4804
Advanced Indigenous Law
ASSIGNMENT 2 MEMO
SEMESTER 2 - 2023
UNIQUE NUMBER: -341217
Due date: - 11 September 2023
Includes Footnotes and/or Bibliography
Question
QUESTION 1
Make a critical evaluation of the provisions of section 39(2) of the Constitution of the
Republic of South Africa, 1996 as they pertain to customary law and provide an
illustration of at least two cases where these provisions (section 39(2)) were applied
to develop customary law in the courts. (15)
QUESTION 2
With reference to a recent Constitutional Court case, critically examine the conundrum
created by the simultaneous designation of the royal family, on the one hand, and of
the Commission for Traditional Leadership Disputes and Claims, on the other, by the
Traditional Leadership and Governance Framework Act, 41 of 2003 – in the
identification and appointment process for filling the vacancy of a king or queen. (10)
[25]
Question continues…
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