LCP4804 Assignment 1 semester 1 2023
LCP4804
Question 1 (match the answer below with the corresponding case)
Umntu ngumntu ngabantu/motho ke motho
... [Show More] ka batho
2. Traditional authorities of South Africa
3. Administration of the customary family property
4. Customary law emerges from what people do
Answer 1
Indigenous African philosophical heritage
Question 2 (match the answer below with the corresponding case in 1,2,3 or 4)
1. Alexkor v Richtersveld Community and Others 2003 (12) BCLR 1301 (CC
2. Daniels v Campbell and Others 2004 (7) BCLR 735 (CC)
3. Nwamitwa v Philia and Others 2005 (3) SA 536 (T)
4. Mthembu v Letsela and Another 2000 (3) SA 867 (SCA)
Answer 2
The word ‘spouse’ must now be construed in a manner that is consistent with the
foundational values of human dignity, equality and freedom.
Question 3 (match the answer below with the corresponding case in 1,2,3 or 4)
1. Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC.
2. Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC)
3. Alexkor v Richtersveld Community and Others 2003 (12) BCLR 1301 (CC)
4. Pilane and Another v Pilane and Others 2013 (4) BCLR 431 (CC)
Answer 3
The dynamic evolution of customary law was emphasised.
Question 4 (match the answer below with the corresponding concept)
1. Roman-Dutch law
2. Zulu Customary law
3. English common law
4. Islamic law
Answer 4
African normative values
Question 5 (match the answer below with the corresponding statement in 1,2,3 or
4)
This study source was downloaded by 100000859807096 from CourseHero.com on 03-02-2023 06:07:38 GMT -06:00
https://www.coursehero.com/file/150876038/lcp4804-assignment-1pdf/
1. it is common cause that no customary union existed between the appellant and the
deceased. It is also common cause that no customary union was entered into
subsequent to her birth.
2. The primary purpose of the rule is to preserve the family unit and ensure that upon the
death of the family head, someone takes over the responsibilities of the family head.
3. The negotiation [of lobolo] is the crucial part in the determination of the validity
of the customary marriage.
4. To say that [African law must not be opposed to the principles of public policy and
natural justice] is fundamentally flawed as it reduces African Law which is practised by
the vast majority in this country) to foreign law – in Africa.
Answer 5
Maluleke v Minister of Home Affairs Case no 02/24921 [2008] ZAGPHC 129 (9 April
2008) (unreported)
Question 6 (match the answer below with the corresponding statement)
it is common cause that no customary union existed between the appellant and
the deceased. It is also common cause that no customary union was entered into
subsequent to her birth.
2. To say that [African law must not be opposed to the principles of public policy and
natural justice] is fundamentally flawed as it reduces African Law which is practised by
the vast majority in this country) to foreign law – in Africa.
3. The negotiation [of l [Show Less]