LCP4804 ADVANCE INDIGENOUS LAW, ASSIGNMENT 2 SEMESTER 2 2022
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ASSESSMENT 2: Examine the following scenario and answer the questions that
follow:
X is the most senior son of B, a deceased traditional leader of one of the
prominent kingdoms in South Africa. He hopes to succeed his father as a
traditional leader and head of the relevant traditional authority in terms of
legislation and customs presently practised by the jural community. The royal
family has identified him (X) as the person qualified for appointment to those
roles and has presented his particulars to the government for that purpose in
terms of section 11 of the Traditional Leadership and Governance Framework
Act 41 of 2003.
X has an elder sister Y who also aspires to succeed her father as the traditional
leader and head of the said traditional authority. She believes that she has a
stronger right than X to succeed her father (B), and that her feminine gender is
no bar to her assumption of that role. However, Y's bid has not been supported
by the royal family and consequently has not been recommended by the
traditional authority in terms of the Act.
Y has launched a high court application to be declared the rightful successor to
the position left vacant by her father's (B's) death. The traditional authority is
supporting X in his defence against Y's High Court application.
Critically evaluate X's and Y's chances of success for appointment in the
position of traditional leader and head of the traditional authority.
1
__________________________________________________________________
ASSESSMENT 2: Examine the following scenario and answer the questions that
follow:
X is the most senior son of B, a deceased traditional leader of one of the
prominent kingdoms in South Africa. He hopes to succeed his father as a
traditional leader and head of the relevant traditional authority in terms of
legislation and customs presently practised by the jural community. The royal
family has identified him (X) as the person qualified for appointment to those
roles and has presented his particulars to the government for that purpose in
terms of section 11 of the Traditional Leadership and Governance Framework
Act 41 of 2003.
X has an elder sister Y who also aspires to succeed her father as the traditional
leader and head of the said traditional authority. She believes that she has a
stronger right than X to succeed her father (B), and that her feminine gender is
no bar to her assumption of that role. However, Y's bid has not been supported
by the royal family and consequently has not been recommended by the
traditional authority in terms of the Act.
Y has launched a high court application to be declared the rightful successor to
the position left vacant by her father's (B's) death. The traditional authority is
supporting X in his defence against Y's High Court application.
Critically evaluate X's and Y's chances of success for appointment in the
position of traditional leader and head of the traditional authority.
1
