LCP4804
Assignment 1
Semester 2 2025
Due 19 August 2025
, LCP4804
Assignment 1
Semester 2 2025
Due 19 August 2025
Question 1
Choose the source of the following extract:
"At the heart of the Act is the intention to advance the rights of women married
according to customary law in order that they acquire rights to matrimonial property they
did not have before the enactment of the Act. Effectively, the Act seeks to realise the
right to equality envisaged in the Bill of Rights…. Thus section 7(6) is aimed at
protecting the proprietary interests of both the existing and prospective spouse…"
a. Ngwenyama v Mayelane 2012(10) BCLR 1071 (SCA)
b. Fanti v Boto and Others 2008 (5) SA 405 (C)
c. Pilane and Another v Pilane and Others 2013 (4) BCLR 431 (CC)
d. Mayelane v Ngwenyama and Another 2013 (8) BCLR 918 (CC)
Question 2
Choose the source of the following extract:
"Where a norm appears from a tradition, and there is no indication that a contemporary
development had occurred or is occurring, past practice will be sufficient to establish a
rule. But where the contemporary practice of the community suggests that change has
occurred, past practice alone is not enough and does not on its own establish a right
with certainty, as the three-factor test set out above makes clear. Past practice will also
not be decisive where the Constitution requires the development of the customary law in
line with constitutional values."
a. Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC)
b. Mabuza v Mbatha 2003 (7) BCLR 43 (C)
c. Gumede v President of the Republic of South Africa 2009 (3) BCLR 243 (CC)
d. Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC)
Assignment 1
Semester 2 2025
Due 19 August 2025
, LCP4804
Assignment 1
Semester 2 2025
Due 19 August 2025
Question 1
Choose the source of the following extract:
"At the heart of the Act is the intention to advance the rights of women married
according to customary law in order that they acquire rights to matrimonial property they
did not have before the enactment of the Act. Effectively, the Act seeks to realise the
right to equality envisaged in the Bill of Rights…. Thus section 7(6) is aimed at
protecting the proprietary interests of both the existing and prospective spouse…"
a. Ngwenyama v Mayelane 2012(10) BCLR 1071 (SCA)
b. Fanti v Boto and Others 2008 (5) SA 405 (C)
c. Pilane and Another v Pilane and Others 2013 (4) BCLR 431 (CC)
d. Mayelane v Ngwenyama and Another 2013 (8) BCLR 918 (CC)
Question 2
Choose the source of the following extract:
"Where a norm appears from a tradition, and there is no indication that a contemporary
development had occurred or is occurring, past practice will be sufficient to establish a
rule. But where the contemporary practice of the community suggests that change has
occurred, past practice alone is not enough and does not on its own establish a right
with certainty, as the three-factor test set out above makes clear. Past practice will also
not be decisive where the Constitution requires the development of the customary law in
line with constitutional values."
a. Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC)
b. Mabuza v Mbatha 2003 (7) BCLR 43 (C)
c. Gumede v President of the Republic of South Africa 2009 (3) BCLR 243 (CC)
d. Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC)
