Lcp4804 advanced law - Study guides, Class notes & Summaries

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 ...

LCP4804 PORTFOLIO memo. LCP4804 PORTFOLIO MEMO - OCTOBER 2021 Advanced Indigenous Law - UNISA DETAILED FOOTNOTES & BIBLIOGRAPHY INCLUDED QUESTION 1 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 b...

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...

LCP4804 Advanced Indigenous Law ASSIGNMENT FEEDBACK 2022. LCP4801 – 2021/2022 OCT/NOV exam memo: False, the two requirements to be present for a rule of customary international to develop are: (1) General practice referred to as usus; and (2) Accepted as law referred to as opinion juris. True, the IJC confirmed that the UN may exercise diplomatic protection over its agents and also institute action on their behalf for injuries suffered in the course of their duties. True, however cri...

LCP4804 PAST EXAM PACK QUESTION & ANSWERS (2019 - 2014). LCP4804 - Advanced Indigenous Law. If the High Court insists on the constitutional jurisprudence as developed by the Constitutional Court, based on the values of human dignity, equality and freedom; The royal family must identify the eligible candidate who is not necessarily the first-born son or first-born daughter, but a suitably qualified candidate. Without any gender bias, their choice might have been based on merit, competence,...

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 ...

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...

LCP4804 EXAM PREP 2022. LCP4804 - Advanced Indigenous Law THE CONSTITUTION Sections 9(equality), 30/31 (culture), 39 (legal development) and 211 (recognition of customary law and its institutions) deal directly with the constitutional application of customary law. Which one of the above sections did the Constitutional Court apply in the Nwamitwa v Shilubana judgment to indicate that traditional authorities are authorised to change their customary laws to align them with the Constitution? ...

ADVANCED INDIGENOUS AFRICAN LAW – LCP4804 ASSIGNMENT FEEDBACK 2022. This is a complete and an all-inclusive guide to LCP4804 - Advanced Indigenous Law. Evaluate the operation of ubuntu as a measure of the propriety of human conduct in South Africa before it was interrupted by colonial intervention. The propriety of human conduct was redeemed by the evidence of ubuntu that lay at the root of one’s actions. In the ubuntu institutions listed above, the centrality of humanness lies at the h...

LCP4804 - Advanced Indigenous Law Terms in this set (14) Ukufakwa entails 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 fr...