LCP4804 Assignment 2 (COMPLETE ANSWERS) Semester 2 2026 - DUE August 2026

LCP4804 Assignment 2 (COMPLETE ANSWERS) Semester 2 2026 - DUE August 2026 .... Mokgadi and Matome have been in a relationship since university. After graduating, they decided to establish a life together. During their relationship, Matome impregnated Mokgadi. Mokgadi’s family subsequently informed Matome’s family that damages should be paid in accordance with the applicable customary practices in respect of the pregnancy. Matome delegated his uncles to represent him in carrying out the customary and traditional process of paying the damages. On the agreed day, Matome’s uncles arrived at Mokgadi’s family home and paid the required damages for the unborn child. Following the payment of the damages, Mokgadi’s family raised the issue of whether Matome intended to marry Mokgadi. Without first consulting Matome, his family members proceeded to negotiate lobolo with Mokgadi’s family. The two families concluded the lobolo negotiations and reached an agreement regarding the amount of lobolo payable. The families agreed that Matome’s family would return at a later stage to pay the agreed lobolo amount. 1. With reference to the Recognition of Customary Marriages Act 120 of 1998, relevant customary-law principles, and applicable South African case law, critically discuss whether a valid customary marriage between Mokgadi and Matome was concluded. 2. Discuss at least two relevant South African cases dealing with the validity and formation of customary marriages and apply their principles to the facts. Total: (50) QUESTION 2 2.1. “The appointment and removal of traditional leaders in South Africa requires a delicate balance between respect for customary law and the constitutional principles of democracy, accountability, equality, and the rule of law.” Critically discuss this statement with reference to the appointment and removal of traditional leaders under the Constitution of the Republic of South Africa, 1996, the Traditional and Khoi-San Leadership Act 3 of 2019, principles of living customary law, and relevant South African case law. Or 2.2. The Motupa Traditional Community has historically followed a customary succession system in which the royal family identifies a successor to the position of traditional leader. Following the death of the incumbent traditional leader, the royal family identifies Moyagabo Malekutu Motupa as the successor. However, a significant number of community members oppose his recognition, arguing that Moyagabo has not lived in the community for many years and does not understand the community's current customary practices. The Premier nevertheless recognises Moyagabo as the traditional leader. After his appointment, Moyagabo begins exercising authority over community land and development projects. Several community members accuse him of acting arbitrarily and excluding women and other sections of the community from decision-making processes. The royal family subsequently requests that Moyagabo be removed from office. Moyagabo argues that his position is protected by customary law and that neither the community nor the Premier has the power to remove him once he has been recognised. With reference to case law, critically analyse whether Mandla should be permitted to remain in office. Your answer should include: 1. Whether customary succession should automatically determine who becomes a traditional leader, or whether constitutional principles such as democracy, accountability, equality, and community participation should also influence the recognition process; 2. Whether community participation and consultation should be a requirement in determining the legitimacy of traditional leadership, particularly where customary practices and constitutional values appear to conflict.