,UNIVERSITY EXAMINATIONS
May/June 2024
LCP4804
Advanced Indigenous Law
100 Marks
Duration FOUR (4) Hours
First examiner: Ms NF Dlamini-Ndwandwe
Second examiner: Mr JT Mabala
,This paper consists of 9 pages.
Instructions:
1. The examination question paper counts 100 marks.
2. It consists of four (4) questions. Answer ALL the questions.
3. The duration of the examination on the timetable is four (4) hours.
LCP4804 QUESTIONS Question 1
With the aid of decided cases of critically discuss the differences
between living customary law and official customary law and
indicate why the living customary law is held to be more aligned to
the transformative value of customary law in South Africa.
[25]
Question 2
Zanele and Buntu have been married for over five years under
customary law. Buntu is considering marrying another wife. He
wants to know if Zanele must give consent before he can conclude
a further customary marriage. With comprehensive reference to
, the applicable law and case law advise him on the law regarding
this. [25]
Question 3
(i)`Critically evaluate the extent of the success of the courts, in
their transformative efforts to achieve the customary law that is
envisioned by the Constitution, in Mabena v Letsoalo 1998 (2) SA
1068 (T) and Mabuza v Mbatha 2003 (7) BCLR 43.
(15)
(ii) Discuss some of the observations or criticisms that have been
levelled against the court’s decision in Mthembu v Letsela and
Another 2000 (3) SA 867 (SCA) in deciding on the question of the
male primogeniture rule and illegitimacy under customary law.
(15)
[30] Question 4
(i) Make a critical appraisal of the probative value of the
contribution of the
legislation on the Recognition of Customary marriages Act 120 of
1998 on the development or otherwise of post-apartheid customary law. (5)
May/June 2024
LCP4804
Advanced Indigenous Law
100 Marks
Duration FOUR (4) Hours
First examiner: Ms NF Dlamini-Ndwandwe
Second examiner: Mr JT Mabala
,This paper consists of 9 pages.
Instructions:
1. The examination question paper counts 100 marks.
2. It consists of four (4) questions. Answer ALL the questions.
3. The duration of the examination on the timetable is four (4) hours.
LCP4804 QUESTIONS Question 1
With the aid of decided cases of critically discuss the differences
between living customary law and official customary law and
indicate why the living customary law is held to be more aligned to
the transformative value of customary law in South Africa.
[25]
Question 2
Zanele and Buntu have been married for over five years under
customary law. Buntu is considering marrying another wife. He
wants to know if Zanele must give consent before he can conclude
a further customary marriage. With comprehensive reference to
, the applicable law and case law advise him on the law regarding
this. [25]
Question 3
(i)`Critically evaluate the extent of the success of the courts, in
their transformative efforts to achieve the customary law that is
envisioned by the Constitution, in Mabena v Letsoalo 1998 (2) SA
1068 (T) and Mabuza v Mbatha 2003 (7) BCLR 43.
(15)
(ii) Discuss some of the observations or criticisms that have been
levelled against the court’s decision in Mthembu v Letsela and
Another 2000 (3) SA 867 (SCA) in deciding on the question of the
male primogeniture rule and illegitimacy under customary law.
(15)
[30] Question 4
(i) Make a critical appraisal of the probative value of the
contribution of the
legislation on the Recognition of Customary marriages Act 120 of
1998 on the development or otherwise of post-apartheid customary law. (5)
