Mabena v letsoalo - Study guides, Study notes & Summaries
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LCP4804 - Exam Prep - Examination Prep
- Exam (elaborations) • 40 pages • 2022
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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...
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LCP4804-latest exam prep.
- Exam (elaborations) • 40 pages • 2022
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LCP4804-latest exam prep. 
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) 
Fanti v Boto and Others 2008 (5) SA 405 (C) 
Mabuza v Mbatha 2003 (7) BCLR 43 ...
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LCP4804 ASSIGNMENT 2 MEMO 2022 SUPER SEMESTER UNISA( FALL 2022)
- Other • 6 pages • 2022
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LCP4804 ASSIGNMENT 2 MEMO 2022 SUPER SEMESTER UNISA 
SECOND COMPULSORY ASSIGNMENT (WRITTEN) 
Answer the following questions: 
Question 1 
(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 
(C)…………………………………………………………………………………………. (5) 
(i...
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LCP4804-Advanced Indigenous Law EXAM PREP 2022.
- Exam (elaborations) • 40 pages • 2022
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LCP4804-Advanced Indigenous Law EXAM PREP 2022. 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) 
Fanti v Boto and Others 2008 (5) SA 405 (C) 
Mabuza v Mbatha 2003 (7) BCLR 43 (C) 
Mabena v ...
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Case summaries
- Case • 22 pages • 2023
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This is a summary of different cases that are dealt with in LCP4804.
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LCP4804 PORTFOLIO EXAM MEMO
- Exam (elaborations) • 23 pages • 2022
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LCP4804 PORTFOLIO EXAM MEMO. 
Advance Indigenous Law LCP4804 
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 versio...
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LCP4804 EXAM PACK 2021
- Exam (elaborations) • 168 pages • 2022
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LCP4804 EXAM PACK 2021. 
Advanced Indigenous Law 
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 T...
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LCP4804 EXAM PREPARATION 2022
- Exam (elaborations) • 40 pages • 2022
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- R59,18
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LCP4804 EXAM PREPARATION 2022. 
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 
Mthembu v Letsela and ...
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LCP4804 EXAM PACK 2021.
- Exam (elaborations) • 169 pages • 2021
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LCP4804 EXAM PACK 2021. Advanced Indigenous Law. In Alexkor Ltd v Richtersveld Community 2003 (12) BCLR 1301 (CC) the Constitutional 
Court emphasised the need for the courts to treat indigenous law as a distinct and 
independent component of the South African legal system, with its own values and norms 
– and should no longer be looked at through the eyes of the common law – and that the 
two components (indigenous law and common law) have the equal force of law under the 
Constitution. B...
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LCP4804 PORTFOLIO MEMO - MAY/JUNE 2022 - SEMESTER 1 - WITH DETAILED FOOTNOTES AND BIBLIOGRAPHY
- Exam (elaborations) • 18 pages • 2022
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LCP4804 PORTFOLIO MEMO - MAY/JUNE 2022 - SEMESTER 1 - WITH DETAILED FOOTNOTES AND BIBLIOGRAPHY . 
 
QUESTION 1 
 
(a) Write down the definition of customary law as it appears from section 1 of the Recognition of Customary Marriages Act 120 of 1998; and then use its wording to explain the nature, role and function of this component of the South African legal system as appears in case law. (10) 
 
(b) Apply extracts (i) and (ii) below to analyse the differences between the status, nature and chara...
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