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
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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
Mthembu v Letsela and Another 1997 (2) SA 936 (T) Mthembu v Letsela and Another 1998 (2) SA 675 (T) Mthembu v Letsela and Another 2000 (3) SA 867 (SCA)
Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC)
Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC) Nwamitwa v Philia and Others 2005 (3) SA 536 (T) Shilubana and Others v Nwamitwa 2007 (2) SA 432 (SCA)
3. The case law on traditional leadership and its legislation
Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC) Nwamitwa v Philia and Others 2005 (3) SA 536 (T) Shilubana and Others v Nwamitwa 2007 (2) SA 432 (SCA)
Pilane and Another v Pilane and Others 2013 (4) BCLR 431 (CC)
This would be adequate for the preparation of the upcoming exam. If you require any further assistance, then please send me an email. All the best!
LCP4804 – Advanced Indigenous Law The structure of the May/June 2018 examination paper
1. The examination paper is a 2 hour paper of a total of 100 marks.
2. It consists of five questions. Three questions of 20 marks each, one question of 25 marks, and one question of 15 marks.
3. All 5 questions are compulsory – there are no choice questions.
4. Each question consists of sub-questions of 5 or 10 marks.
5. There are no multiple –choice questions
Summary to polish your preparation for the May/June 2018
A.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?
How did the Constitutional Court then apply any or all these sections in normalising the selection of traditional leaders and empowering traditional communities to review their customs.
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