IND2601
Assignment 1 Semester 1 2024
Unique Number: NA
QUESTION 1
Discuss the Implications of section 211(3) of the Constitution Act 108 of 1996
for the recognition of customary law [12]
The content of this section is as follows:
(a) The Constitution acknowledges and upholds the institution, position, and function
of traditional leadership as outlined in customary law.
(b) A traditional authority that adheres to a set of customary laws operates in
accordance with relevant legislation and customs, including any modifications or
abolishment of such legislation or customs.
(c) Courts have the authority to enforce customary law if it is relevant, although this
is limited by the Constitution and any other laws that expressly address
customary law.
Assignment 1 Semester 1 2024
Unique Number: NA
QUESTION 1
Discuss the Implications of section 211(3) of the Constitution Act 108 of 1996
for the recognition of customary law [12]
The content of this section is as follows:
(a) The Constitution acknowledges and upholds the institution, position, and function
of traditional leadership as outlined in customary law.
(b) A traditional authority that adheres to a set of customary laws operates in
accordance with relevant legislation and customs, including any modifications or
abolishment of such legislation or customs.
(c) Courts have the authority to enforce customary law if it is relevant, although this
is limited by the Constitution and any other laws that expressly address
customary law.
