LCP4804 EXAM PREP COMPLETE SOLUTION LATEST UPDATED
2026
ANSWER to Nwamita v. Shilubana: Evolution of the Customer Law of
Succession
When her father passed away in 1968, Philia was not named the traditional
leader.
because of discriminatory discrimination legislation.
Richard, the father's brother, was appointed.
died in 2001. Philia was appointed by the Valoyi Traditional Authority to
handle gender equality provisions in the constitution.
changed the previous pattern of the eldest son taking over.
Sidwell (son) contests appointment based on historical precedent.
HC and SCA ruled in support of the Sidwell I.t.o. community's historical
customs.
SWAMITWA v. SHILUBANA
Make a CC appeal
unanimous decision: Ms. Shilubana was duly appointed.
highlighted the living system of law known as customary law.
not constrained by past examples.
Being adaptable allows the community to change.
CC departed from earlier rulings.
Reinterpret customary law as a framework that reflects contemporary
community behaviors.
Legitimately, customary law pertaining to the appointment of traditional leaders
evolved to permit the appointment of women.
in accordance with the Constitution.
cC maintained the appeal.
laws that are specific to a locality.
Other communities made judgments based on their own customs.
Constitutional development of living customary law: ANSWER MABUZA v.
MBATHA
LETSOALO v. MABENA
Courts mediated the shift from the previous arrangement to the current one.
, MABUZA's departure from society's definition of traditional marriage with
reference to ornate ukumekeza that is more appropriate for rural settings and no
longer necessary in today's urban settings.
Father participation is no longer necessary for MABENA independent and adult
youths who are empowered to negotiate their own traditional weddings.
Additionally, show the extent to which marriage legislation has changed,
particularly with regard to the legitimacy question.
The bride's MALULEKE integration, which was not witnessed by the spouses
themselves, demonstrated their relationship and acceptance of their status as
husband and wife.
Wife behavior becomes significant in complex situations where entered into or
celebrated cannot be proven.
ALEXKOR versus the Richmond Community
Common law and customary law are equal parts of South African law.
Customary law is currently regarded as a unique, autonomous system with its
own standards and ideals.
authority for determining applicable customary law in SHILUBANA v.
NWAMITWA.
Until it becomes evident that a practice has altered, it remains in effect.
To determine appropriate customary law, look to contemporary social practices.
The Constitution's S. 211(2) gives local governments the authority to enact and
alter legislation.
Shilubana was accomplished by amending the Constitution to make women
equal to men and to restore traditional leadership roles.
MAGISTRATE KHAYELITSA v. BHE
SITHOLE v. SHIBI
HR COMMISSION versus SA PRESIDENT
Authority for abandoning the defunct apartheid system in S23 BAA that gave
preference to men over women in succession disputes.
Legitimate versus illegitimate children, male primogeniture, and S23 BAA were
all ruled illegal and eliminated from customary law.
ANSWER PILANE v. PILANE: Comprehending customary law in the post-
transformation state and contrasting it with the pre-transformation state
According to the court, community members who want to exercise their
constitutional rights cannot be denied them by traditional authority.
2026
ANSWER to Nwamita v. Shilubana: Evolution of the Customer Law of
Succession
When her father passed away in 1968, Philia was not named the traditional
leader.
because of discriminatory discrimination legislation.
Richard, the father's brother, was appointed.
died in 2001. Philia was appointed by the Valoyi Traditional Authority to
handle gender equality provisions in the constitution.
changed the previous pattern of the eldest son taking over.
Sidwell (son) contests appointment based on historical precedent.
HC and SCA ruled in support of the Sidwell I.t.o. community's historical
customs.
SWAMITWA v. SHILUBANA
Make a CC appeal
unanimous decision: Ms. Shilubana was duly appointed.
highlighted the living system of law known as customary law.
not constrained by past examples.
Being adaptable allows the community to change.
CC departed from earlier rulings.
Reinterpret customary law as a framework that reflects contemporary
community behaviors.
Legitimately, customary law pertaining to the appointment of traditional leaders
evolved to permit the appointment of women.
in accordance with the Constitution.
cC maintained the appeal.
laws that are specific to a locality.
Other communities made judgments based on their own customs.
Constitutional development of living customary law: ANSWER MABUZA v.
MBATHA
LETSOALO v. MABENA
Courts mediated the shift from the previous arrangement to the current one.
, MABUZA's departure from society's definition of traditional marriage with
reference to ornate ukumekeza that is more appropriate for rural settings and no
longer necessary in today's urban settings.
Father participation is no longer necessary for MABENA independent and adult
youths who are empowered to negotiate their own traditional weddings.
Additionally, show the extent to which marriage legislation has changed,
particularly with regard to the legitimacy question.
The bride's MALULEKE integration, which was not witnessed by the spouses
themselves, demonstrated their relationship and acceptance of their status as
husband and wife.
Wife behavior becomes significant in complex situations where entered into or
celebrated cannot be proven.
ALEXKOR versus the Richmond Community
Common law and customary law are equal parts of South African law.
Customary law is currently regarded as a unique, autonomous system with its
own standards and ideals.
authority for determining applicable customary law in SHILUBANA v.
NWAMITWA.
Until it becomes evident that a practice has altered, it remains in effect.
To determine appropriate customary law, look to contemporary social practices.
The Constitution's S. 211(2) gives local governments the authority to enact and
alter legislation.
Shilubana was accomplished by amending the Constitution to make women
equal to men and to restore traditional leadership roles.
MAGISTRATE KHAYELITSA v. BHE
SITHOLE v. SHIBI
HR COMMISSION versus SA PRESIDENT
Authority for abandoning the defunct apartheid system in S23 BAA that gave
preference to men over women in succession disputes.
Legitimate versus illegitimate children, male primogeniture, and S23 BAA were
all ruled illegal and eliminated from customary law.
ANSWER PILANE v. PILANE: Comprehending customary law in the post-
transformation state and contrasting it with the pre-transformation state
According to the court, community members who want to exercise their
constitutional rights cannot be denied them by traditional authority.
