CSL2601 Assignment 2 Semester
1
QUESTION 1
Critically discuss the differences between living customary law and official customary law.
In terms of Section 1 of the Constitution 1, South Africa is one, sovereign, democratic state
founded on the following values:
• Human dignity, the achievement of equality and the advancement of human
Section 19 of the Constitution2, read in conjunction with section 1(d) of the Constitution,
underscores the idea that an integral aspect of our conception of representative
democracy is that it is a multiparty democracy rather than a one-party state or some
other formulation that places limits on political participation at a party-political level. In
United Democratic Movement (UDM) v President of the Republic of South Africa 3 the
Court made the point as follows:
1
Constitution of the Republic of South Africa [No. 108 of 1996],
2
Constitution of the Republic of South Africa [No. 108 of 1996],
3
United Democratic Movement v Speaker of the National Assembly 2017 5 SA 300 (CC)
1
QUESTION 1
Critically discuss the differences between living customary law and official customary law.
In terms of Section 1 of the Constitution 1, South Africa is one, sovereign, democratic state
founded on the following values:
• Human dignity, the achievement of equality and the advancement of human
Section 19 of the Constitution2, read in conjunction with section 1(d) of the Constitution,
underscores the idea that an integral aspect of our conception of representative
democracy is that it is a multiparty democracy rather than a one-party state or some
other formulation that places limits on political participation at a party-political level. In
United Democratic Movement (UDM) v President of the Republic of South Africa 3 the
Court made the point as follows:
1
Constitution of the Republic of South Africa [No. 108 of 1996],
2
Constitution of the Republic of South Africa [No. 108 of 1996],
3
United Democratic Movement v Speaker of the National Assembly 2017 5 SA 300 (CC)
