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Lcp4804 Assignment 2 (Detailed Answers) Semester 1 2025 - Distinction Guaranteed

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LCP4804 Assignment 2 (DETAILED ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ,... QUESTION 1 Discuss the Southern African peoples, archived moments and movement? [10] QUESTION 2 With the aid of decided cases, critically discuss the differences between living customary law and official customary law and indicate the value of the classification of the law that is said to be more aligned to the transformation of customary law in South Africa. [20] QUESTION 3 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. [20]

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LCP4804
Assignment 2 Semester 1 2025
Unique #:

Due Date: April 2025



Detailed solutions, explanations, workings
and references.

+27 81 278 3372

, QUESTION 1

THE SOUTHERN AFRICAN PEOPLES, ARCHIVED MOMENTS, AND
MOVEMENT

Southern Africa is a region rich in cultural diversity, history, and significant
movements that have shaped its present-day societies. It is home to various
ethnic groups, each with unique traditions, languages, and social structures. The
history of Southern African peoples is deeply intertwined with migration patterns,
colonialism, resistance movements, and socio-political transformations. The
region has experienced key historical moments that have defined the identities,
struggles, and aspirations of its inhabitants. This essay explores the Southern
African peoples, their major historical moments, and significant movements, with
a focus on archived events that have shaped the region..




1. THE SOUTHERN AFRICAN PEOPLES

Southern Africa is inhabited by diverse groups, including the San, Khoikhoi,
Bantu-speaking peoples, and later European settlers. The San are considered the
earliest known inhabitants of the region, dating back thousands of years. They
were hunter-gatherers with a deep knowledge of the environment and are known
for their unique click languages and rock art, some of which date back 20,000
years and serve as an important archive of their culture.1

The Khoikhoi, who were pastoralists, migrated into the region around 2000 BCE.
They lived along the coastal regions and engaged in cattle herding, which
distinguished them from the San. These two groups coexisted but had different
ways of life, leading to occasional conflicts and trade interactions.2

Around 200–500 CE, the Bantu expansion saw the migration of Nguni and Sotho-
Tswana speakers into Southern Africa from Central Africa. These Bantu-speaking
peoples introduced ironworking, crop cultivation, and cattle herding, significantly
1
Ndima, D. (2007). The Development of Customary Law in South Africa: An Analysis of Past and Current
Approaches. Speculum Juris, 21(1), 81-84.
2
Himonga, C., & Nhlapo, T. (Eds.). (2014). African Customary Law in South Africa: Post-Apartheid and
Living Law Perspectives. Oxford University Press.




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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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