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LCP4804 EXAM PACK 2024/2025

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LCP4804 EXAM PACK 2024/2025 QUESTIONS WITH COMPLETE ANSWERS, COMPILED FROM RECENT PAST PAPERS. PERFECT FOR EXAM PREPARATION.

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  • October 19, 2024
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  • 2024/2025
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,UNIVERSITY EXAMINATIONS




May/June 2024



LCP4804



Advanced Indigenous Law


100 Marks

Duration FOUR (4) Hours



First examiner: Ms NF Dlamini-Ndwandwe

Second examiner: Mr JT Mabala

,LCP4804 QUESTIONS Question 1


With the aid of decided cases of critically discuss the differences between

living customary law and official customary law and indicate why the

living customary law is held to be more aligned to the transformative

value of customary law in South Africa.

[25]




Question 2


Zanele and Buntu have been married for over five years under customary

law. Buntu is considering marrying another wife. He wants to know if

Zanele must give consent before he can conclude a further customary

marriage. With comprehensive reference to the applicable law and case

law advise him on the law regarding this. [25]




Question 3


(i)`Critically evaluate the extent of the success of the courts, in their

transformative efforts to achieve the customary law that is envisioned by

the Constitution, in Mabena v Letsoalo 1998 (2) SA 1068 (T) and Mabuza

v Mbatha 2003 (7) BCLR 43.

(15)


(ii) Discuss some of the observations or criticisms that have been levelled

against the court’s decision in Mthembu v Letsela and Another 2000 (3)

SA 867 (SCA) in deciding on the question of the male primogeniture rule

and illegitimacy under customary law.

, (15)




[30] Question 4


(i) Make a critical appraisal of the probative value of the contribution of

the

legislation on the Recognition of Customary marriages Act 120 of

1998 on the development or otherwise of post-apartheid customary law. (5)




(ii) Explain how attributes of Group solidarity, communal living, and

ethos of reciprocity contribute to the principle of umuntu ngumuntu

ngabantu/motho ke motho ka batho in preventing the onset of poverty in

society. (15)


[20]




TOTAL= {100}

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