LCP4804 Assignment 2 Semester 2 2023

LCP4804
Assignment 2
Semester 2 2023
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, LCP4804 Assignment 2 Semester 2 2023


QUESTION 1

Make a critical evaluation of the provisions of section 39(2) of the Constitution

of the Republic of South Africa, 1996 as they pertain to customary law and

provide an illustration of at least two cases where these provisions (section

39(2)) were applied to develop customary law in the courts. (15)

Section 39(2) of the Constitution of the Republic of South Africa, 1996, is a

critical provision that addresses the relationship between the constitution and

customary law. It states that when interpreting any legislation or when developing

the common law or customary law, every court must consider international law,

the Bill of Rights, and the public international law when relevant. Here is a critical

evaluation of this provision and examples of cases where it was applied:




Critical Evaluation:




Constitutional Supremacy: Section 39(2) reinforces the supremacy of the

Constitution. It emphasizes that all law, including customary law, must align with



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