Exam (elaborations)
IND2601 Assignment 1 Semester 2 2024
- Course
- IND2601 (IND2601)
- Institution
- University Of South Africa (Unisa)
QUESTIONS WITH ANSWERS IND2601 Assignment 1 Semester 2 2024
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[Company name]IND2601
Assignment 1
Semester 2 2024
QUESTIONS AND ANSWERS
, IND2601 Assignment 1 Semester 2 2024
1.Discuss the case and judgement in the case of Gumede v President of the
Republic of South Africa & others (CCT 50/08 [2008] ZACC 23, 2009(3) BCLR
243, whilst addressing the following:
(i) The facts of the case (5)
(ii) The legal question that was answered by the court (7)
(iii) The decision of the court and reasons for the judgement (8)
1. Discuss the case and judgment in the case of Gumede v President of the
Republic of South Africa & others (CCT 50/08 [2008] ZACC 23, 2009(3) BCLR
243), whilst addressing the following:
(i) The Facts of the Case (5)
The case of Gumede v President of the Republic of South Africa & others
involves Mrs. Lindani Gumede, who was married to her husband under
customary law in 1968. The couple had accumulated substantial marital
property, which was considered to be in the husband's name according to the
customary law's stipulations. When Mrs. Gumede's husband initiated divorce
proceedings, she sought relief, claiming that the customary law provisions
regarding marital property were discriminatory and unconstitutional.
Specifically, she challenged sections 7(1) and 7(2) of the Recognition of
Customary Marriages Act 120 of 1998, which allowed for different treatment of
marital property in customary marriages before and after the Act's
commencement.
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