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LCP4804 ASSIGNMENT 1 (QUIZ) ANSWERS SEMESTER 2 2023
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- University Of South Africa (Unisa)
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LCP4804EXAM
Advanced Indigenous Law
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LCP4804 ASSIGNMENT 1 (QUIZ)
SEMESTER 2 2023
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Question 1
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Match the following statement with the corresponding case. Courts, Parliament and the executive would do
well to treat African customary law, traditions and institutions not as an inconvenience to be tolerated but as
a heritage to be nurtured and preserved for posterity, particularly in view of the many years of distortion and
abuse under the Apartheid regime...But courts ought not to be dismissive of these institutions when they
insist on the observance of traditional governance protocols and conventions on the basis of whatever
limitations they might impose on constitutional rights.
, a.
Ngwenyama v Mayelane 2012(10)BCLR1071(SCA)
b.
Fanti v Boto and Others 2008 (5) SA 404 (C)
c.
Pilane and Another v Pilane and others 2013(4) BCLR 431 (CC)
d.
Mayelane v Ngwenyama and another 2013(8) BCLR 918 (CC)
Question 2
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Match the following statement with the corresponding case.
First, whereas the Valoyi people moved away from any previously existing rule that a woman could never
be a Hosi, other aspects of the customs and traditions governing chieftainship are not necessarily 16
affected. For example, to the extent that the principle that a Hosi is born and not elected indeed exists, it is
not necessarily changed by this ruling.
a.
Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC)
b.
Mabuza v Mbatha 2003 (7) BCLR 43 (C) Mabuza v Mbatha 2003 (7) BCLR 43 (C)
c.
Gumede v President of the Republic of South Africa 2009 (3) BCLR 243 (CC)
d.
Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC)
Question 3
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Match the following statement with the corresponding case.
I conclude then, that construed in the light of its history and context, section 23 of the Act and its
regulations are manifestly discriminatory and in breach of section 9(3) of our Constitution. The
discrimination they perpetuate touches a raw nerve in most South Africans. It is a relic of our racist and
painful past. This court has on a number of occasions, expressed the need to purge the statute book of
such harmful and hurtful provisions.
a.
Maluleke v Minister of Home Affairs case no. 02/24921[2008]ZAGPHC 129 (9 April... (unreported)
b.
Gumede v President of the Republic of South Africa 2009 (3) BCLR 243 (CC)
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