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LJU4801
LEGAL PHILOSOPHY
ASSIGNMENT 2 MEMO
SEMESTER 1 – 2024 - UNISA
UNIQUE NUMBER: - 540106
DUE DATE: - 25 MARCH 2024
Includes Footnotes and/or Bibliography.
ASSIGNMENT PREVIEW
Read the article: Mnyongani FD Duties of a lawyer in a multicultural society: A customary law perspective 2012 Stell LR
352-369. Answer the following questions by referring to the article AND the study guide:
Learning Unit 4: AFRICAN LEGAL PHILOSOPHY 1.
Mnyongani states that when the 1996 Constitution was enacted it was ‘hailed’ for its transformative agenda.
1.Discuss his motivation for this view as well as what according him is the Achilles heel of this agenda. (12)
2. According to Mnyongani there is very little in common between customary law and the dominant Western-inspired
legal system. Explain how he comes to this conclusion. (16)
3. What is african Legal Philosophy all about and what types of African Legal Philosophy can be distinguished? (10)
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations
or warranties, express or implied. This document is to be used for comparison, research and reference purposes ONLY. No part of this
document may be reproduced, resold or transmitted in any form or by any means without prior written permission from the Author. –
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, LJU4801 ASSIGNMENT 2
Read the article: Mnyongani FD Duties of a lawyer in a multicultural society: A customary
law perspective 2012 Stell LR 352-369. Answer the following questions by referring to the
article AND the study guide:
Learning Unit 4: AFRICAN LEGAL PHILOSOPHY 1.
Mnyongani states that when the 1996 Constitution was enacted it was ‘hailed’ for its
transformative agenda.
1.Discuss his motivation for this view as well as what according him is the Achilles heel of
this agenda. (12)
2. According to Mnyongani there is very little in common between customary law and the
dominant Western-inspired legal system. Explain how he comes to this conclusion. (16)
3. What is african Legal Philosophy all about and what types of African Legal Philosophy
can be distinguished? (10)
ANSWERS:-
1.Discuss his motivation for this view as well as what according him is the Achilles heel of
this agenda. (12)
Mnyongani emphasises that when the 1996 Constitution was enacted it was hailed for, among
other things, its inclusion of justiciable socio-economic rights and its transformative agenda. A
transformative constitution seeks “to facilitate a fundamental transformation in the unjust political,
economic and social conditions inherited from our colonial and apartheid past, and to create a
new society based on social justice, democracy and human rights”. 1
1
Mnyongani FD Duties of a lawyer in a multicultural society: A customary law perspective 2012 Stell LR 357.
SELLING” memos for the year 2022/2023.
LJU4801
LEGAL PHILOSOPHY
ASSIGNMENT 2 MEMO
SEMESTER 1 – 2024 - UNISA
UNIQUE NUMBER: - 540106
DUE DATE: - 25 MARCH 2024
Includes Footnotes and/or Bibliography.
ASSIGNMENT PREVIEW
Read the article: Mnyongani FD Duties of a lawyer in a multicultural society: A customary law perspective 2012 Stell LR
352-369. Answer the following questions by referring to the article AND the study guide:
Learning Unit 4: AFRICAN LEGAL PHILOSOPHY 1.
Mnyongani states that when the 1996 Constitution was enacted it was ‘hailed’ for its transformative agenda.
1.Discuss his motivation for this view as well as what according him is the Achilles heel of this agenda. (12)
2. According to Mnyongani there is very little in common between customary law and the dominant Western-inspired
legal system. Explain how he comes to this conclusion. (16)
3. What is african Legal Philosophy all about and what types of African Legal Philosophy can be distinguished? (10)
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations
or warranties, express or implied. This document is to be used for comparison, research and reference purposes ONLY. No part of this
document may be reproduced, resold or transmitted in any form or by any means without prior written permission from the Author. –
LLB EXAMPACKS & TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS.
Cell: 062 810 8624 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
, LJU4801 ASSIGNMENT 2
Read the article: Mnyongani FD Duties of a lawyer in a multicultural society: A customary
law perspective 2012 Stell LR 352-369. Answer the following questions by referring to the
article AND the study guide:
Learning Unit 4: AFRICAN LEGAL PHILOSOPHY 1.
Mnyongani states that when the 1996 Constitution was enacted it was ‘hailed’ for its
transformative agenda.
1.Discuss his motivation for this view as well as what according him is the Achilles heel of
this agenda. (12)
2. According to Mnyongani there is very little in common between customary law and the
dominant Western-inspired legal system. Explain how he comes to this conclusion. (16)
3. What is african Legal Philosophy all about and what types of African Legal Philosophy
can be distinguished? (10)
ANSWERS:-
1.Discuss his motivation for this view as well as what according him is the Achilles heel of
this agenda. (12)
Mnyongani emphasises that when the 1996 Constitution was enacted it was hailed for, among
other things, its inclusion of justiciable socio-economic rights and its transformative agenda. A
transformative constitution seeks “to facilitate a fundamental transformation in the unjust political,
economic and social conditions inherited from our colonial and apartheid past, and to create a
new society based on social justice, democracy and human rights”. 1
1
Mnyongani FD Duties of a lawyer in a multicultural society: A customary law perspective 2012 Stell LR 357.
