LCP4804 - Exam Prep 2024 with 100% correct answers

Nwamita v Shilubana correct answersDevelopment of customer law of Succession Philia not appointed traditional leader in 1968 when father died. Due to laws of unfair discrimination. Fathers brother Richard appointed. Died 2001 - Valoyi Traditional Authority : appoint Philia on constitutional provision of gender equality. Amended past practice - eldest son successor. Sidwell (son) dispute appointment relying on past practices. HC and SCA decided in favor of Sidwell I.t.o. community past practices. SHILUBANA v NWAMITWA Appeal to CC Unanimous judgment - Ms Shilubana appointed legitimately. Emphasized customary law living system of law. Not bound by historical precedents. Flexibility allowed to evolve as community changes. CC deviated from past decisions. Redefine customary law as system that reflect current practices of community. Customary law regarding appointment of traditional leader legitimately evolved to allow appointment of woman. Consistent with Constitution. cC upheld appeal. Particular community adapted laws. Other communities judged according to own practices.