LCP4804 PORTFOLIO MEMO - MAY/JUNE 2025 - SEMESTER 1 - UNISA - DUE DATE :- 26 MAY 2025 - (DETAILED ANSWERS WITH FULL REFERENCES - DISTINCTION PASS!)

LCP4804 PORTFOLIO MEMO - MAY/JUNE 2025 - SEMESTER 1 - UNISA - DUE DATE :- 26 MAY 2025 - (DETAILED ANSWERS WITH FULL REFERENCES - DISTINCTION PASS!) QUESTION 1 With reference to decided cases, critically discuss the differences between living customary law and official customary law? (20) QUESTION 2 Discuss some of the observations or criticisms that have been levelled against the court’s decision in Mthembu v Letsela and Another 2000 (3) SA 867 (SCA) in deciding on the questions of the male primogeniture rule and illegitimacy under customary law? (20) QUESTION 3 Paul is a junior counsel who has been briefed on a matter concerning the ascertainment and proof of customary law. He consults you, a legal researcher in the field, and requests you to explain how customary law can be ascertained and proven. (20) QUESTION 4 Thabiso is preparing for a matter involving a conflict between customary law and common law, and he requires your expertise on the tools he can utilise in order to resolve this issue. As a point of clarification, you are informed that conflict of laws refers to choosing the appropriate law. Discuss how such a conflict of laws can be resolved. (20) QUESTION 5 Name and discuss 6 (six) customary law contracts? (20) TOTAL = [100]