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LCP4804 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 7 NOVEMBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!)

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LCP4804 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 7 NOVEMBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!) QUESTION 1 African Law (so called “indigenous” law) has a rich history which ruled supreme since time immemorial, especially during the pre-colonial era. In recognition of the above statement, discuss how Africans used to legally and socio-economically organise themselves. [20] QUESTION 2 Common Law (European customary Law) has distorted African Law (indigenous law). Discuss five factors which primarily made unofficial and official versions of African Law to be different from what had been African law’s normative and regulatory system from which customary law had purportedly evolved. [20] QUESTION 3 With reference to case law and journal articles, discuss the concepts of succession and inheritance in African law? [20] QUESTION 4 The notion of customary law has occupied the South African courts since the advent of the democratic dispensation. In view of the aforesaid, refer to case law in discussing the nature and concept of African Law (Customary Law)? [20] QUESTION 5 Mzo and Tshilidzi have been married for 10 years and had a loving and caring marriage until the untimely passing of Mzo in January 2024 due to a tragic accident. Tshilidzi is only 35 years of age and the couple only had one child. The families are planning to meet in December 2024 to charter a way forward for Tshilidzi and you are part of the delegation of Mzo’s family, and they ask you for advice on far death of one spouse can terminate a marriage in terms of African Customary law. [20] TOTAL= {100}

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LCP4804 PORTFOLIO
MEMO
OCTOBER/
NOVEMBER 2024
SEMESTER 2 – 2024 -
UNISA
7 NOVEMBER 2024

, QUESTION 1

African Law (so called “indigenous” law) has a rich history which ruled supreme
since time immemorial, especially during the pre-colonial era. In recognition of
the above statement, discuss how Africans used to legally and socio-
economically organise themselves. [20]



QUESTION 2

Common Law (European customary Law) has distorted African Law (indigenous
law). Discuss five factors which primarily made unofficial and official versions
of African Law to be different from what had been African law’s normative and
regulatory system from which customary law had purportedly evolved. [20]



QUESTION 3

With reference to case law and journal articles, discuss the concepts of
succession and inheritance in African law? [20]



QUESTION 4

The notion of customary law has occupied the South African courts since the
advent of the democratic dispensation. In view of the aforesaid, refer to case
law in discussing the nature and concept of African Law (Customary Law)? [20]



QUESTION 5

Mzo and Tshilidzi have been married for 10 years and had a loving and caring
marriage until the untimely passing of Mzo in January 2024 due to a tragic
accident. Tshilidzi is only 35 years of age and the couple only had one child. The
families are planning to meet in December 2024 to charter a way forward for
Tshilidzi and you are part of the delegation of Mzo’s family, and they ask you for
advice on far death of one spouse can terminate a marriage in terms of African
Customary law. [20] TOTAL= {100}

Connected book
 image
Professor I. P. Maithufi, Dr Sindiso Mnisi Weeks African Customary Law in South Africa
Publisher: Unknown ISBN: 9780199057184 Edition: 1

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