100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
LCP May June Exam Guidelines and Answers R150,00
Add to cart

Exam (elaborations)

LCP May June Exam Guidelines and Answers

 79 views  4 purchases

LCP May June Exam Guidelines and Answers with references.

Preview 1 out of 16  pages

  • June 9, 2022
  • 16
  • 2021/2022
  • Exam (elaborations)
  • Questions & answers
All documents for this subject (103)
avatar-seller
Teech
LCP4804 May/June 2022 Portfolio Guidelines



QUESTION 1

(a) Write down the definition of customary law as it appears from section 1
of the Recognition of Customary Marriages Act 120 of 1998; and then use
its wording to explain the nature, role and function of this component of
the South African legal system as appears in case law. (10)

According to section 1 of the Recognition of Customary Marriages Act 1 (RCMA),
customary law means “the customs and usages traditionally observed among the
indigenous African people of South Africa and which form part of the culture of those
peoples”.

It means that the customary law of a community is its living law in the sense that it
must “form part of the culture of those people”. As the culture of the Tsonga people
differ from that of the Tswana people, so do their customary laws. This has an impact
on the application of the doctrine of judicial precedent in customary law. For example,
the decision in Mayelane v Ngwenyama and Another,2 which is based on the Xitsonga
custom that requires the consent of the main wife before her husband can contract a
further marriage. The consent of the main wife “form(s) part of the culture of those
people”. It does not necessarily “form part of the culture of the Tswana, Zulu, Sotho,
Xhosa or Khoisan people”. But even if none of the latter cultures endow the main wife
with the right to consent to her husband’s contracting a further marriage, in terms of
the equality and dignity clauses of the Constitution as expounded in the Mayelane
principle, in future no husband will be able to contract another marriage without the
consent of the main wife. Because of the Mayelane judgment, the consent requirement
is now part of customary law jurisprudence in South Africa as a whole.




1 Recognition of Customary Marriages Act 120 of 1998.
2 Mayelane v Ngwenyama and Another (CCT 57 of 2012) [2013].

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 EFT, 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 this summary from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller Teech. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy this summary for R150,00. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

52510 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy summaries for 14 years now

Start selling
R150,00  4x  sold
  • (0)
Add to cart
Added