A +
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)
QUESTION 2
With reference to a recent Constitutional Court case, critically examine the conundrum created by the
simultaneous designation of the royal family, on the one hand, and of the Commission for Traditional
Leadership Disputes and Claims, on the other, by the Traditional Leadership and Governance Framework Act,
41 of 2003 – in the identification and appointment process for filling the vacancy of a king or queen. (10)
[25]
DISTINCTION Footnotes and/or Bibliography
GUARANTEED!!! included. *
Questions continue…
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