LCP4804
ASSIGNMENT 1
QUIZ MARCH 2025
, lOMoAR cPSD| 40011748
LCP4804 ASSIGNMENT 1 QUIZ 2025
Due Date: March 2025
1. Choose the statement that aligns with the court’s sentiments in the case of
Mabuza v Mbatha 2003 (7) BCLR 43 (C)
a. The Act was part of a comprehensive exclusionary system of administration imposed
on Africans, ostensibly to avoid exposing them to a result which, ‘to the Native mind’,
would be ‘both startling and unjust.
b. The royal family must, within a reasonable time after the need arises for the
position of a king or a queen to be filled, and with regard to the applicable customary law.
c. to say that [African law must not be opposed to the principles of public policy and
natural justice] is fundamentally flawed as it reduces African Law which is
practised by the vast majority in this country) to foreign law – in Africa.
d. Section 23 cannot escape the context in which it was conceived. It is part of an Act which
was specifically crafted to fit in with notions of separation and exclusion of Africans from
the people of ‘European’ descent.
2. In the matter of Mthembu v Letsela and Another 1997 (2) SA 936 (T) THE
Court dealt with the issue of succession and inheritance in customary law as
follows: Choose the incorrect statement.
a. It is not common cause that in the rule most frequently finds its application, the
devolution of the deceased’s property onto the male heir involves concomitant
duty of support.
b. The devolution of the deceased’s property onto the male heir involves a
concomitant duty of support and protection of the woman or women to whom he was
married by customary law, and of the children procreated under that system and belonging
to a particular house.
c. If one accepts the duty to provide sustenance, maintenance and shelter as a necessary
corollary of the system of primogeniture, a feature which has been called
‘one of the most hallowed principles of customary law.
d. It is clear from Bennet’s opinion that a widow, may remain at the deceased’s homestead
and continue to use the estate property, and that the heir may not eject her at whim.
ASSIGNMENT 1
QUIZ MARCH 2025
, lOMoAR cPSD| 40011748
LCP4804 ASSIGNMENT 1 QUIZ 2025
Due Date: March 2025
1. Choose the statement that aligns with the court’s sentiments in the case of
Mabuza v Mbatha 2003 (7) BCLR 43 (C)
a. The Act was part of a comprehensive exclusionary system of administration imposed
on Africans, ostensibly to avoid exposing them to a result which, ‘to the Native mind’,
would be ‘both startling and unjust.
b. The royal family must, within a reasonable time after the need arises for the
position of a king or a queen to be filled, and with regard to the applicable customary law.
c. to say that [African law must not be opposed to the principles of public policy and
natural justice] is fundamentally flawed as it reduces African Law which is
practised by the vast majority in this country) to foreign law – in Africa.
d. Section 23 cannot escape the context in which it was conceived. It is part of an Act which
was specifically crafted to fit in with notions of separation and exclusion of Africans from
the people of ‘European’ descent.
2. In the matter of Mthembu v Letsela and Another 1997 (2) SA 936 (T) THE
Court dealt with the issue of succession and inheritance in customary law as
follows: Choose the incorrect statement.
a. It is not common cause that in the rule most frequently finds its application, the
devolution of the deceased’s property onto the male heir involves concomitant
duty of support.
b. The devolution of the deceased’s property onto the male heir involves a
concomitant duty of support and protection of the woman or women to whom he was
married by customary law, and of the children procreated under that system and belonging
to a particular house.
c. If one accepts the duty to provide sustenance, maintenance and shelter as a necessary
corollary of the system of primogeniture, a feature which has been called
‘one of the most hallowed principles of customary law.
d. It is clear from Bennet’s opinion that a widow, may remain at the deceased’s homestead
and continue to use the estate property, and that the heir may not eject her at whim.
