IND2601
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: 25 March 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than 25 March 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
Discuss the Implications of section 211(3) of the Constitution Act 108 of 1996 for the recognition
of customary law [12]
Answer:
Section 211(3) of the Constitution Act 108 of 1996 holds significant implications for the recognition
of customary law in South Africa. This provision mandates that customary law must comply with the
Constitution's principles. These implications affect various aspects of customary law recognition and
application.
Firstly, it requires that customary law practices align with the fundamental rights outlined in the
Constitution. This means that customs that violate constitutional rights, such as gender equality or
non-discrimination, are considered unconstitutional and cannot be enforced. For instance, customs
that discriminate against women or uphold harmful gender stereotypes are incompatible with the
Constitution.
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: 25 March 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than 25 March 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
Discuss the Implications of section 211(3) of the Constitution Act 108 of 1996 for the recognition
of customary law [12]
Answer:
Section 211(3) of the Constitution Act 108 of 1996 holds significant implications for the recognition
of customary law in South Africa. This provision mandates that customary law must comply with the
Constitution's principles. These implications affect various aspects of customary law recognition and
application.
Firstly, it requires that customary law practices align with the fundamental rights outlined in the
Constitution. This means that customs that violate constitutional rights, such as gender equality or
non-discrimination, are considered unconstitutional and cannot be enforced. For instance, customs
that discriminate against women or uphold harmful gender stereotypes are incompatible with the
Constitution.
