Mabena v letsoalo - Study guides, Study notes & Summaries

Ukufakwa correct answersentails a situation where a relative of a woman's father (brother, uncle, cousin, nephew), takes the responsibilities of the father and ensures that the customary traditions and ceremonies related to the initiation and/or marriage of the father's daughter are carried out as if the relative himself was the father. This entitles the relative to a pro rata portion of the value of the lobolo goods, expected from the marriage goods deliverable when the daughter gets married,...

LCP4804 Assignment 2 (COMPLETE ANSWERS) Semester 1 2024 (751282) - DUE 3 April 2024 After death, Mayelane (wife #1) challenged validity of Ngwenyama's marriage on ground of RCMA requiring husband to obtain consent from 1st wife to contract further customary marriage. HC found further marriage as invalid for not complying to S 7(6). Left matter of requirement of 1st wife consent undecided. Ngwenyama appealed to SCA. NGWENYAMA v MAYELANE 2012 (SCA) Court heard appeal from decisi...

LCP4804 Assignment 2 (COMPLETE ANSWERS) Semester 1 2024 (751282) - DUE 3 April 2024 After death, Mayelane (wife #1) challenged validity of Ngwenyama's marriage on ground of RCMA requiring husband to obtain consent from 1st wife to contract further customary marriage. HC found further marriage as invalid for not complying to S 7(6). Left matter of requirement of 1st wife consent undecided. Ngwenyama appealed to SCA. NGWENYAMA v MAYELANE 2012 (SCA) Court heard appeal from decisi...

LCP4804 ASSIGNMENT 2 MEMO - SEMESTER 1 - 2023 - UNISA - (DETAILED ANSWERS WITH FOOTNOTES - DISTINCTION GUARANTEED) QUESTION 1 Give the names of the parties; the legal question that was answered by the court, the reasons for judgment (ratio decidendi) and the decision of the court. 1. Mabuza v Mbatha 2003 (7) BCLR 43 (C) 2. Mabena v Letsoalo 1998 (2) SA 1068 (T) 3. Ngwenyama v Mayelane 2012(10) BCLR 1071 (SCA) 4. Mayelane v Ngwenyama and Another 2013 (8) BCLR 918 (CC) Question 2 ...

LCP4804 EXAM PACK BHE v MAGISTRATE KHAYELITSA SHIBI v SITHOLE HR COMMISSION v PRESIDENT of SA Aiuthority for jettisoning discredited apartheid rule in S23 BAA preferring males to females in matters of succession. S23 BAA , male primogeniture, legitimate VS illegitimate children all declared unconstitutional and removed from customary law. Understanding customary law in post-transformation state and contrast with pre-transformation state - ANS-PILANE v PILANE Court held traditional...

LCP4804 PORTFOLIO EXAM MEMO 2021/2022.Critically discuss the differences between living customary law and official customary law. [30] Official Customary Law In general, the official customary law reflects state interests and is part of state law. The official version of customary law is found in statutes, law reports, the South African Law Reform Commission reports, text books, university lectures and other public documents. According to Ndima, the official version of customary law depen...

LCP4804 - Exam Prep - Examination Prep Advanced Indigenous Law (University of South Africa) lOMoARcPSD| P a g e 1 | 39 LCP4804 EXAM PREP In addition to focusing on assignment 1, 2 and 3 which is the self-assessment, the following areas are of crucial for the exam. 1. The case law on customary marriages and it’s legislation Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC) Ngwenyama v Mayelane 2012(10) BCLR 1071 (SCA) Mayelane v Ngwenyama and Another 2013 (8) BCLR 918 (CC...

LCP4804 - Advanced Indigenous Law Summary Notes Cases Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC) Ngwenyama v Mayelane 2012(10) BCLR 1071 (SCA) Mayelane v Ngwenyama and Another 2013 (8) BCLR 918 (CC) Fanti v Boto and Others 2008 (5) SA 405 (C) Mabuza v Mbatha 2003 (7) BCLR 43 (C) Mabena v Letsoalo 1998 (2) SA 1068 (T) Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC) Mthembu v Letsela and Another 1997 (2) SA 936 (T) Mthembu v Letsela and Another 1998 (2) SA 675 (T) Mthembu...

LCP_4804 Exam Pack With Solutions. QUESTION1 Write a critical evaluation of the extracts from (a) and (b) below, taking into account the context of the development of African customary law in which they were uttered and the effect to which each one was addressed: (a)“once it is clear that the negotiations have taken place, the next inquiry, applying the Act is whether there are any factors that show that the marriage was “entered into” or “celebrated.” (from the judgment of ...

LCP4804 - Advanced Indigenous Law EXAM PREP 2022. 1. The case law on customary marriages and it’s legislation Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC) Ngwenyama v Mayelane 2012(10) BCLR 1071 (SCA) Mayelane v Ngwenyama and Another 2013 (8) BCLR 918 (CC) Fanti v Boto and Others 2008 (5) SA 405 (C) Mabuza v Mbatha 2003 (7) BCLR 43 (C) Mabena v Letsoalo 1998 (2) SA 1068 (T) Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC) 2. The case law on succession and its legislation M...