RRLLB81 ASSIGNMENT 2 SEMESTER 1 FOR 2023-
RESEARCH REPORT. 90% AND ABOVE. DISTINCTION
GUARANTEED. QUALITY WORK WITH FOOTNOTES
AND BIBLIOGRAPHY.
,AN EVALUATION OF THE ROLE OF AFRICAN CUSTOMARY LAW IN DETERMING
BURIAL DISPUTES
BY
Submitted in partial fulfillment of the requirements for the degree
BACHELOR OF LAWS
In the SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: LC COETZEE
ASSIGNMENT 02, SEMESTER 01
2023
, ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware of
Unisa’s policies in this regard.
2. I declare that this assignment is my own, original work. Where I
have used someone else’s work, I have indicated this by using the
prescribed style of referencing. Every contribution to, and quotation
in, this assignment from the work or works of other people has been
referenced according to the prescribed style.
3. I have not allowed and will not allow anyone to copy my work with
the intention of passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as my
own.
NAME: ______________________
SIGNATURE: _______________________
STUDENT NUMBER: _______________
MODULE CODE: RRLLB81
ASSIGNMENT
DATE :
TOPIC SELECTED: An evaluation of the role of african customary law in determing
burial disputes
,SUMMARY
According to Thembisile case, the Constitutional Court issued a landmark decision on
the relevance of African customary law on burial matters. 1 With regard to the impact of
African customary law (ACL) on burial disputes, the judgement highlighted a number of
the State's key obligations. This ruling helped to alter South African burial practices and
African customary law. According to case law, the court should decide the dispute
based on primogeniture, holding that the decision on burial rights is made by the
deceased's heir or eldest son. Customary law is protected by the Constitution, although
its criteria must follow those outlined in the Bill of Rights. The right to culture is
safeguarded by the Bill of Rights. In certain circumstances, such as the Recognition of
Customary Marriage Act, 120 of 1998, the role of African customary law in general is
now recognised.
1
Thembisile v Thembisile 2002 (2) SA 269 (T).
,KEYWORDS
African customary law: African Customary Law is further protected within the Bill of
Rights, most notably under the right to freedom, belief and opinion, the individual right to
language and culture as well as the collective right pertaining to cultural, religious and
linguistic communities.
Burial disputes: Burial disputes arise when one or more people are unable to agree
what should happen to a person's body after he or she die, including how or where to
bury the body.
,LIST OF ABBREVIATIONS AND ACRONYMS
ACL African Customary Law.
RCMA Recognition of Customary Marriage Act.
, TABLE OF CONTENTS
1.Prescribed cover page 1
2. Declaration form 2
3. Keywords 4
5. list of abbreviations and acronyms 5
4. Content page 6
6. Introduction 7
7. Body of research 7-13
8. conclusion 13
9. Bibliography 14
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