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LCP4804 ASSIGNMENT 2 MEMO - SEMESTER 2 - 2023 - UNISA - DUE DATE: - 11 SEPTEMBER 2023 (DETAILED MEMO – FULLY REFERENCED – 100% PASS - GUARANTEED)

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LCP4804 ASSIGNMENT 2 MEMO - SEMESTER 2 - 2023 - UNISA - DUE DATE: - 11 SEPTEMBER 2023 (DETAILED MEMO – FULLY REFERENCED – 100% PASS - GUARANTEED) 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) QUESTION 2 With reference to a recent Constitutional Court case, critically examine the conundrum created by the simultaneous designation of the royal family, on the one hand, and of the Commission for Traditional Leadership Disputes and Claims, on the other, by the Traditional Leadership and Governance Framework Act, 41 of 2003 – in the identification and appointment process for filling the vacancy of a king or queen. (10) [25]

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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)

QUESTION 2
With reference to a recent Constitutional Court case, critically examine the conundrum created by the
simultaneous designation of the royal family, on the one hand, and of the Commission for Traditional
Leadership Disputes and Claims, on the other, by the Traditional Leadership and Governance Framework Act,
41 of 2003 – in the identification and appointment process for filling the vacancy of a king or queen. (10)
[25]
DISTINCTION Footnotes and/or Bibliography
GUARANTEED!!! included. *
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Professor I. P. Maithufi, Dr Sindiso Mnisi Weeks African Customary Law in South Africa
Publisher: Unknown ISBN: 9780199057184 Edition: 1

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