ADL2601 ASSIGNMENT 1 MEMO - SEMESTER 1 - 2024 UNISA – DUE DATE: - 8 APRIL 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)

ADL2601 ASSIGNMENT 1 MEMO - SEMESTER 1 - 2024 UNISA – DUE DATE: - 8 APRIL 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!) Question 1 Discuss the Implications of section 211(3) of the Constitution Act 108 of 1996 for the recognition of customary law [12] Question 2 Liema married Lerato by customary law in January 1999. He later also married Palesa by customary law rites on 10 December 2006. Three girls were born from the marriage with Lerato, and two boys were born from the marriage with Palesa. At the time when he married Palesa, Liema used the property allotted to Lerato’s house to provide lobolo for Palesa. The lobolo received from the customary marriage for one of his daughters with Lerato was also used to settle lobolo for one of Palesa’s sons. Liema, Lerato and Palesa approach you for advice regarding the following. i) The proprietary consequences of the customary marriage between Liema and Lerato. (5) ii) The question whether the customary marriage between Liema and Palesa is valid despite failure by Sello to obtain a court order, in terms of section7(6) of the Recognition of Customary Marriages Act 120 of 1998, for the approval of a contract which regulates the future matrimonial property system of his marriages. (5) iii) The question whether any debt was created when property allotted to Lerato’s house was used to provide lobolo for the customary marriage with Palesa and when the said property was also used to provide lobolo for the wife of one of Palesa’s sons. (5) [15] Question 3 (i) What was the basic argument that was advanced by the Master of the High Court and the Minister in the case of Moseneke v The Master of the High Court 2001 (2) SA 18 (CC) in support of section 23(2) of the Black Administration Act and what was the court’s conclusion to this matter? (8) (ii) A and B challenge each other to a stick fight as is their way of life. B incurs an eye injury during the fight. B charges A with the crime of assault and demands compensation from A before the Traditional leader’s court. Evaluate the prospects of success to B’s claim. (5) {40}