African Customary Law Questions with Correct Answers (Questions and Answers)

Alexkor dealt with... Correct Answer s8(3) of the Constitution allows the development of customary law in line with the Constitution s211(3) states the courts are obliged to apply customary law where applicable, subject to the Constitution Court recognized ACL as independent source of law ACL can be ascertained through writers, old authorities, sources, and evidence of witnesses There is a danger of looking at customary law through a common law prism Alexkor while recognising the difficulties of ascertaining the principles of ACL stated the court concluded that... Correct Answer recognition of ACL in the constitution includes Living Customary Law s8(3) holds that customary, like common, is directly applicable between individuals and is subject to development when in conflict with the BOR Customary law is legitimate component of SA law and not subordinate to common Bhe was a case about the male primogeniture being struck down, the court directly applied... Correct Answer civil law solution by extending the intestate succession Act In Bhe it was held that the constitution envisages... Correct Answer places for ACL through s30, s39(2) Langa in Bhe warned agasint marginalising ACL that cannot be brought in line...stated the remedies available to the court were... Correct Answer Strike down and leave for the legisature suspend invalidity develop in line with the consitution Replace with civil law solution