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ADL2601 ASSIGNMENT 1 MEMO - SEMESTER 1 - 2024 UNISA – DUE DATE: - 8 APRIL 2024 (DETAILED ANSWERS WITH FOOTNOTES AND A BIBLIOGRAPHY - DISTINCTION GUARANTEED!)R50,00
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ADL2601 ASSIGNMENT 1 MEMO - SEMESTER 1 - 2024 UNISA – DUE DATE: - 8 APRIL 2024 (DETAILED ANSWERS WITH FOOTNOTES AND A BIBLIOGRAPHY - DISTINCTION GUARANTEED!)
Question 1
Discuss the Implications of section 211(3) of the Constitution Act 108 of 1996 for the
recognition of customary law [12]
Q...
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ADL2601
ADMINISTRATIVE LAW
ASSIGNMENT 1 MEMO
SEMESTER 1 – 2024 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 8 APRIL 2024
Includes Footnotes and/or Bibliography.
ASSIGNMENT PREVIEW
Question 1
Discuss the Implications of section 211(3) of the Constitution Act 108 of 1996 for the recognition of customary law [12]
Question 2
Liema married Lerato by customary law in January 1999. He later also married Palesa by customary law rites on 10
December 2006. Three girls were born from the marriage with Lerato, and two boys were born from the marriage with
Palesa. At the time when he married Palesa, Liema used the property allotted to Lerato’s house to provide lobolo for
Palesa. The lobolo received from the customary marriage for one of his daughters with Lerato was also used to settle
lobolo for one of Palesa’s sons. Liema, Lerato and Palesa approach you for advice regarding the following. i) The
proprietary consequences of the customary marriage between Liema and Lerato. (5)
QUESTIONS CONTINUE…
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Discuss the Implications of section 211(3) of the Constitution Act 108 of 1996 for
the recognition of customary law [12]
Section 211(3) of the Constitution of the Republic of South Africa, Act 108 of 1996, plays
a crucial role in shaping the recognition of customary law in the country. This section
specifically addresses the relationship between the country's legal system and the
recognition of indigenous legal systems, such as customary law. Here are some key
implications of Section 211(3):
1. Recognition of Customary Law:
- The provision acknowledges the existence and significance of customary law in
South Africa. It recognizes that South Africa's legal system is not confined solely to
Western legal principles but encompasses the diverse legal traditions that exist
within the country.
2. Equal Status:
- Section 211(3) emphasizes the equal status of customary law alongside common
law. This implies that customary law is not subordinate to common law; rather, it is
afforded equal recognition and importance within the legal framework of South
Africa.
3. Protection and Promotion:
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