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Exam (elaborations) IND 2601 IND2601 - PAST EXAM PACK ANSWERS () & 2021 BRIEF NOTES

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IND2601 - PAST EXAM PACK ANSWERS () & 2021 BRIEF NOTESWelcome to the module in African Customary Law. We hope you will fi nd it interesting and rewarding to engage with the study material. 1. PURPOSE OF THE MODULE IN AFRICAN CUSTOMARY LAW This is probably the fi rst time you have encountered the subject of African customary law, but it is important to note that African customary law is now a fully recognised and applicable branch of law in the national legal system of South Africa. In broad terms, the purpose of this module is for you to gain suffi cient knowledge, skills, attitudes and competencies to analyse legal material (the Constitution, legislation, case law and academic opinion) directly pertaining to customary law (particularly the law regulating family relationships and the institutional framework within which state power is exercised), to formulate legal arguments and to apply your knowledge to practical problems that may arise. In particular, this module aims to

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Exam (elaborations) IND 2601 IND2601 -
PAST EXAM PACK ANSWERS (2021 -
2014) & 2021 BRIEF NOTES


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© 2017 University of South Africa

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University of South Africa
Muckleneuk, Pretoria

IND2601/1/2018–2021

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CONTENTS

Page

Introduction (v)

STUDY UNIT

1. AN INTRODUCTION TO AFRICAN CUSTOMARY LAW 1
Lecture 1: General introduction 3
Lecture 2: Some characteristics of African customary law 11
Lecture 3: The nature of customary law 16
Lecture 4: Recognition of customary law in the Constitution 24


2. CUSTOMARY LAW OF PERSONS, FAMILY LAW AND MARRIAGE LAW 34
Lecture 1: Introduction to customary law of persons 36
Lecture 2: Introduction to customary family and betrothal law 46
Lecture 3: The legal requirements for customary marriages 53
Lecture 4: The consequences of customary marriages 70
Lecture 5: The dissolution of customary marriages 81


3. CUSTOMARY LAW OF PROPERTY AND SUCCESSION 89
Lecture 1: Customary law of property 91
Lecture 2: Customary law of succession and inheritance 95
Lecture 3: Legal developments in the regulation of customary succession and administration of
estates 102
Lecture 4: Constitutional and statutory reforms of the customary law of succession 106


4. JUDICIAL APPLICATION OF CUSTOMARY LAW 112
Lecture 1: Customary courts and general principles of court procedure 114
Lecture 2: Jurisdiction of the courts of traditional leaders 121
Lecture 3: The African customary law of evidence 127
Lecture 4: Sentencing and execution of sentences in the customary courts 134


IND2601 (iii)
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