LCP4804 Assignment 2
(ANSWERS) Semester 2 2023
()- GUARANTEED
DISTINCTION.
Due date 11 September 2023
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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...
LCP4804 Assignment 2
(ANSWERS) Semester 2 2023
(341217)- GUARANTEED
DISTINCTION.
Due date 11 September 2023
WHATSAPP +254740539068 FOR MORE ASSISTANCE
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)
Section 39(2) of the Constitution of the Republic of South Africa, 1996, plays a crucial role in the
development and application of customary law in the courts. This provision states that when
interpreting legislation and developing the common law, customary law, and customary
practices, courts must promote the spirit, purport, and objects of the Bill of Rights.
, 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)
Section 39(2) of the Constitution of the Republic of South Africa, 1996, plays a crucial role in the
development and application of customary law in the courts. This provision states that when
interpreting legislation and developing the common law, customary law, and customary
practices, courts must promote the spirit, purport, and objects of the Bill of Rights.
Evaluation of the Provisions:
1. Promotion of Constitutional Values: Section 39(2) ensures that customary law is aligned
with the values and principles enshrined in the Bill of Rights. It allows for the
development of customary law in a manner that respects and promotes human rights,
equality, and dignity.
2. Balancing Customary Law and Constitutional Rights: This provision strikes a balance
between the recognition and protection of customary law and the need to uphold
constitutional rights. It allows courts to interpret and develop customary law in a
manner that is consistent with the Constitution, ensuring that no customary practice
violates fundamental rights.
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