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ASSESSMENT 2
Examine the following scenario and answer the questions that follow:
X is the most senior son of B, a deceased traditional leader of one of the prominent
kingdoms in South Africa. He hopes to succeed his father as a traditional leader and head
of the relevant traditional authority in terms of legislation and customs presently
practised by the jural community. The royal family has identified him (X) as the person
qualified for appointment to those roles and has presented his particulars to the
government for that purpose in terms of section 11 of the Traditional Leadership and
Governance Framework Act 41 of 2003.
X has an elder sister Y who also aspires to succeed her father as the traditional leader
and head of the said traditional authority. She believes that she has a stronger right than
X to succeed her father (B), and that her feminine gender is no bar to her assumption of
that role. However, Y's bid has not been supported by the royal family and consequently
has not been recommended by the traditional authority in terms of the Act.
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Y has launched
or warranties, express a high This
or implied. court application
document is to be used to be declared
for comparison, researchthe rightfulpurposes
and reference successor to ofthe
ONLY. No part this
document may be reproduced, resold or transmitted in any form or by any means without prior written permission from the Author. –
position left vacant
LLB EXAMPACKS by her father's (B's) death. The traditional authority is supporting X in
& TUTORIALS.
his defence against Y's High Court application.
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Critically evaluate X's and
Fax:Y's chances
086 096 5452 of success for appointment in the position of
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traditional leader and head of the traditional authority.
, ASSESSMENT 2
Examine the following scenario and answer the questions that follow:
X is the most senior son of B, a deceased traditional leader of one of the
prominent kingdoms in South Africa. He hopes to succeed his father as a
traditional leader and head of the relevant traditional authority in terms of
legislation and customs presently practised by the jural community. The royal
family has identified him (X) as the person qualified for appointment to those
roles and has presented his particulars to the government for that purpose in
terms of section 11 of the Traditional Leadership and Governance Framework
Act 41 of 2003.
X has an elder sister Y who also aspires to succeed her father as the traditional
leader and head of the said traditional authority. She believes that she has a
stronger right than X to succeed her father (B), and that her feminine gender is
no bar to her assumption of that role. However, Y's bid has not been supported
by the royal family and consequently has not been recommended by the
traditional authority in terms of the Act.
Y has launched a high court application to be declared the rightful successor to
the position left vacant by her father's (B's) death. The traditional authority is
supporting X in his defence against Y's High Court application.
Critically evaluate X's and Y's chances of success for appointment in the
position of traditional leader and head of the traditional authority.
(i) Taking into account the historical traditions and the culture surrounding
appointments to traditional leadership in South Africa, what considerations do
you think would have persuaded the traditional authority to support X rather than
Y in their recommendations to the government, notwithstanding Y’s age and the
provisions of section 11 of the Traditional Leadership and Governance
Framework Act, 41 of 2003 and case law. Provide reasons. (10)
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