100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
LCP4804 CUSTOMARY LAW NOTES R49,61   Add to cart

Exam (elaborations)

LCP4804 CUSTOMARY LAW NOTES

 8 views  0 purchase

LCP4804 CUSTOMARY LAW NOTES... 100% TRUSTED Answers, guidelines, workings, and references

Preview 4 out of 110  pages

  • May 30, 2024
  • 110
  • 2023/2024
  • Exam (elaborations)
  • Questions & answers
All documents for this subject (61)
avatar-seller
LADHU
LCP4804
CUSTOMARY LAW
NOTES

,ContEntS



STUDY UNIT 1
Characteristics and application of customary
1 law

1.1 Learning outcomes 1
1.2 Definition of customary law 1
1.3 Characteristics of customary law 2
1.3.1 A family of systems 2
1.3.2 Specialisation 3
1.3.3 Distinction between civil and criminal proceedings 3
1.3.4 Concept of time 3
1.3.5 Group as opposed to individual orientation 3
1.3.6 Concrete as opposed to abstract approach 3
1.3.7 Customary law as a changing system 4

1.4 Recognition of customary law 4
1.4.1 Constitutional recognition 4
Section 15: Freedom of religion, belief and opinion 4
Section 30: Language and culture 5
Section 211: Recognition 5
1.4.2 Recognition subject to the Bill of Rights 5
Section 9(1): Equality 5
Section 21(3): Freedom of movement and residence 6
Section 25(1): Property 6
Section 35(3) (f): Right to legal representation 6
1.4.3 The development of customary law 6

1.5 Conflict of laws 7
1.5.1 Applicability of customary law 7
1.5.2 Distinction between common and customary law 8
1.5.3 Adducing evidence of the substance of a legal rule 9
1.5.4 Conflicts between different systems of customary law 9

1.6 Sources of customary law 10
1.6.1 Customs and usages 10
1.6.2 Legislation 10
1.6.3 Judicial precedent 10
1.6.4 Scholarly and other writings 10

,1.7 Self-assessment 11

SOURCES REFERRED TO IN THIS STUDY UNIT 11

CASES 12



STUDY UNIT 2
Social structure of indigenous communities
13

2.1 Learning outcomes 13

2.2 The scope of social structures 13

2.3 The system of relationship 13

2.4 The system of kinship 14

2.5 The social composition 14
2.5.1 The household 14
2.5.2 The family group 14
2.5.3 The community ward 14
2.5.4 The community 14

2.6 The present social structure 15

2.7 The legal significance of social structures 15
2.7.1 Human-orientated approach 15
2.7.2 Group-oriented approach 15
2.7.3 Western social structures 15

2.8 Religion 15
2.8.1 Christianity 16

2.9 Belief in a Supreme Being 16
2.9.1 Nature and designation 16
2.9.2 Ways in which the Supreme Being are perceived 16
2.9.3 Ways in which the Supreme Being reveals himself 16
2.9.4 Services to the Supreme Being 16
2.9.5 Belief in ancestral spirits 16
2.9.6 Name, coming into being and characteristics of ancestral spirits 17

2.10 Impact of religion on law 17

, 2.11 Self-assessment 17

SOURCES REFERRED TO IN THIS STUDY UNIT 18



STUDY UNIT 3
Contracts 19

3.1 Learning outcomes 19

3.2 General principles 19
3.2.1 Definition 19
3.2.2 Agreement 19
3.2.3 Possibility of performance 19
3.2.4 Lawfulness 19
3.2.5 Formalities 20
3.2.6 Performance creates liability 20
3.2.7 Terms of agreement (legal obligation) 20
3.2.8 Remedies for failure to perform 20
3.2.9 Termination of agreement 20
3.2.10 Parties 20

3.3 Specific contracts 21
3.3.1 Lobolo 21
3.3.1.1 Parties to the lobolo agreement 21
3.3.1.2 The nature oflobolo 21
3.3.1.3 f
Position oloboloat termination of the marriage 22
3.3.1.4 Obligations that may arise from the provision
lobolo
of 22
3.3.1.4.1 Ukwethula 22
3.3.1.4.2 Ukwenzelela 22
3.3.1.4.3 Ukufakwa 22

3.4 Exchange 22

3.5 Purchase and sale 23

3.6 Gifts 23

3.7 Employment 23

3.8 Independent service 23

3.9 Farming out mafisa,
( sisa or nqoma
) 23

3.10 Pledge 24

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying this summary from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller LADHU. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy this summary for R49,61. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

67096 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy summaries for 14 years now

Start selling
R49,61
  • (0)
  Buy now