Exam (elaborations)
LCP4804 Exam pack 2024(Questions and answers)
- Course
- LCP4804
- Institution
- University Of South Africa
LCP4804 Exam pack 2024(Questions and answers) With accurate answers and assurance that they are in the exam.
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LCP4804 EXAM PACK2024
QUESTIONS AND
ANSWERS
FOR ASSISTANCE CONTACT
EMAIL:gabrielmusyoka940@gmail.com
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Choose only one of the four source materials listed in the question for the answer which
is the source of the extract (answer) provided below.
I hold that… section 7(1) of the Recognition Act insofar as it provides that the proprietary
consequences of a marriage entered before the commencement of the Recognition Act
continue to be governed by customary law. Section 7(2) of the Recognition Act, insofar
as it distinguishes between a customary marriage entered after and before the
commencement of the Recognition Act, by virtue of the inclusion of the words ‘entered
into after the commencement of this Act.
a.
Pilane and Another v Pilane and Others 2013 (4) BCLR 431 (CC)
b.
Gumede v President of the Republic of South Africa 2009 (3) BCLR 243 (CC)
c.
Mthembu v Letsela and Another 2000 (3) SA 867 (SCA)
d.
Mabuza v Mbatha 2003 (7) BCLR 43 (C)
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The correct answer is: Gumede v President of the Republic of South Africa 2009 (3)
BCLR 243 (CC)
Question2
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Choose only one of the four source materials listed in the question for the answer which
is the source of the extract (answer) provided below.
No person may unfairly discriminate against any person on the ground of gender,
including a gender-based violence. b female genital mutilation. c the system of
preventing women from inheriting family property. d any practice, including traditional,
customary, or religious practice, which impairs the dignity of women and undermines
equality between women and men, including the undermining of the dignity and well-
being of the girl child;
a.
Constitution of the Republic of South Africa
b.
Recognition of Customary Marriages Act 120 of 1998
c.
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
d.
Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of
2009
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The correct answer is: Promotion of Equality and Prevention of Unfair Discrimination Act
4 of 2000
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Question3
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Choose only one of the four source materials listed in the question for the answer which
is the source of the extract (answer) provided below.
A traditional authority that observes a system of customary law may function subject to
any applicable legislation and customs, which includes amendment to, or repeal of, that
legislation or those customs.
a.
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
b.
Constitution of the Republic of South Africa, 1996
c.
Law of Evidence Amendment Act 45 of 1988
d.
Recognition of Customary Marriages Act 120 of 1998
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The correct answer is: Constitution of the Republic of South Africa, 1996
Question4
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Choose only one of the four source materials listed in the question for the answer which
is the source of the extract (answer) provided below.
At the heart of the Act is the intention to advance the rights of women married according
to customary law in order that they acquire rights to matrimonial property they did not
have before the enactment of the Act. Effectively, the Act seeks to realise the right to
equality envisaged in the Bill of rights…. Thus section 7(6) is aimed at protecting the
proprietary interests of both the existing and prospective spouse…
a.
Ngwenyama v Mayelane 2012(10) BCLR 1071 (SCA)
b.
Fanti v Boto and Others 2008 (5) SA 405 (C)
c.
Pilane and Another v Pilane and Others 2013 (4) BCLR 431 (CC)
d.
Mayelane v Ngwenyama and Another 2013 (8) BCLR 918 (CC)
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The correct answer is: Ngwenyama v Mayelane 2012(10) BCLR 1071 (SCA)
Question5
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Choose only one of the four source materials listed in the question for the answer which
is the source of the extract (answer) provided below.
The royal family must, within a reasonable time after the need arises for the position of a
King or a Queen to be filled, and with regard to the applicable customary law-Identify a
person who qualifies in terms of customary law to assume the position of a king or
queen, as the case may be, after taking into account whether any grounds referred to in
section 9(1) or 16(11) or 16(14)(a), (c), (d), (e) or (k apply to that person.
a.
Recognition of Customary Marriages Act 120 of 1998
b.
Black Administration Act
c.
Traditional Leadership and Khoisan Act 3 of 2019.
d.
Law of Evidence Amendment Act 45 of 198824
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The correct answer is: Traditional Leadership and Khoisan Act 3 of 2019.
Question6
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Choose only one of the four source materials listed in the question for the answer which
is the source of the extract (answer) provided below.
If the registering officer is satisfied that a valid customary marriage exists or existed
between the spouses, he or she must register the marriage and issue a certificate of
registration
a.
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
b.
Recognition of Customary Marriages Act 120 of 1998
c.
Traditional Leadership and Governance Framework Act 41 of 2003
d.
Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of
2009
Feedback
The correct answer is: Recognition of Customary Marriages Act 120 of 1998
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