Exam (elaborations)
LJU4801 Exam pack 2024(Questions and answers)
- Course
- LJU4801
- Institution
- University Of South Africa
LJU4801 Exam pack 2024(Questions and answers). With accurate answers and 100% assurance that they are in the exam.
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LJU4801 EXAM PACK2024
QUESTIONS AND
ANSWERS
FOR ASSISTANCE CONTACT
EMAIL:gabrielmusyoka940@gmail.com
, lOMoARcPSD|15443153
CLS cc ©
Advanced Indigenous Questions
1
ADVANCED AFRICAN CUSTOMARY LAW QUESTION PACK
Question 1:
Conflict between Indigenous law and the Bill of Rights is unavoidable. What
are some of the examples of such conflicts and how does the Constitution,
Act 108 of 1996 indicate how this conflict should be dealt with. (20)
Question 2:
Discuss guardianship over the various classes of members of the household.
(25)
Question 3:
Evaluate the following statements with regard to Indigenous law:
a) Isondlo is a form of compensation for bringing up a child of another.
(5)
b) Indigenous law recognises various kinds of rights to land. (5)
c) According to Indigenous law, if a family head has many sons in a
house, he may occasionally allocate some to another house. (5)
(15)
Question 4:
a) Discuss the legal position of the so called double marriages. (15)
b) Explain how far a marriage is considered dissolved through the death
of a spouse in indigenous law. (15)
(30)
Question 5:
Explain the implications of Regulation 2 of the Regulations for the
Administration and Distribution of estates of deceased Blacks Act of 1987.
(10)
(100)
Critical Law Studies cc ©
Downloaded by Teboho Nhlapo (tebohonh@live.co.za)
, lOMoARcPSD|15443153
CLS cc ©
Advanced Indigenous Questions
2
Question 6:
Discuss how the potential conflict between the Indigenous law and the
Constitution should be dealt with. Does the Constitution give any clear
answer in this regard? (25)
Question 7:
Discuss the factors influencing indigenous rules of succession. (20)
Question 8:
Write notes on each of the following:
a) The indigenous rights on land. (15)
b) The extent to which the common law position of maintenance affects
the Indigenous Law. (10)
c) Freedom of testation in Indigenous law. (10)
(35)
Question 9:
It is a known fact that lobolo is also delivered with regard to most civil
marriages. By doing so, indigenous values with regard to the marriage
institution are linked to civil marriages, which would appear not to be
reconcilable. Evaluate this statement with specific reference to the following:
a) The civil marriage and the theleka-custom;
b) Lobolo and substitution;
c) Guardianship and custody of children and lobolo;
d) Dissolution of the civil marriage and lobolo. (20)
(100)
Critical Law Studies cc ©
Downloaded by Teboho Nhlapo (tebohonh@live.co.za)
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