LCP4804 Assignment 1 (QUIZ ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED

Well-structured LCP4804 Assignment 1 (QUIZ ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!)..... Question 1 Complete Marked out of 1.00 Question 2 Complete Marked out of 1.00 QUIZ Choose only one of the four source materials listed in the question for the answer which is the source of the extract (answer)provided below. At the heart of the Act is the intention to advance the rights of women married according to customary law in order that theyacquire rights to matrimonial property they did not have before the enactment of the Act. Effectively, the Act seeks to realisethe right to equality envisaged in the Bill of rights…. Thus section 7(6) is aimed at protecting the proprietary interests of boththe existing and prospective spouse… a. Ngwenyama v Mayelane 2012(10) BCLR 1071 (SCA) b. Fanti v Boto and Others 2008 (5) SA 405 (C) c. Pilane and Another v Pilane and Others 2013 (4) BCLR 431 (CC) d. Mayelane v Ngwenyama and Another 2013 (8) BCLR 918 (CC) Choose only one of the four source materials listed in the question for the answer which is the source of the extract (answer)provided below. Where a norm appears from a tradition, and there is no indication that a contemporary development hadoccurred or is occurring, past practice will be suffi cient to establish a rule. But where the contemporary practice of thecommunity suggests that change has occurred, past practice alone is not enough and does not on its own establish a rightwith certainty, as the three-factor test set out above makes clear. Past practice will also not be decisive where theConstitution requires the development of the customary law in line with constitutional values. a. Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC) b. Mabuza v Mbatha 2003 (7) BCLR 43 (C) c. Gumede v President of the Republic of South Africa 2009 (3) BCLR 243 (CC) d. Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC) Question 3 Complete Marked out of 1.00 Question 4 Complete Marked out of 1.00 Question 5 Complete Marked out of 1.00 Choose only one of the four source materials listed in the question for the answer which is the source of the extract (answer)provided below. If the registering offi cer is satisfi ed that a valid customary marriage exists or existed between the spouses, he or she mustregister the marriage and issue a certifi cate of registration a. Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 b. Recognition of Customary Marriages Act 120 of 1998 c. Traditional Leadership and Governance Framework Act 41 of 2003 d. Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 Choose only one of the four source materials listed in the question for the answer which is the source of the extract (answer)provided below. I hold that… section 7(1) of the Recognition Act insofar as it provides that the proprietary consequences of a marriageentered before the commencement of the Recognition Act continue to be governed by customary law. Section 7(2) of theRecognition Act, insofar as it distinguishes between a customary marriage entered after and before the commencement ofthe Recognition Act, by virtue of the inclusion of the words ‘entered into after the commencement of this Act. a. Pilane and Another v Pilane and Others 2013 (4) BCLR 431 (CC) b. Gumede v President of the Republic of South Africa 2009 (3) BCLR 243 (CC) c. Mthembu v Letsela and Another 2000 (3) SA 867 (SCA) d. Mabuza v Mbatha 2003 (7) BCLR 43 (C) Choose only one of the four source materials listed in the question for the answer which is the source of the extract (answer)provided below. The royal family must, within a reasonable time after the need arises for the position of a King or a Queen to be fi lled, andwith regard to the applicable customary law-Identify a person who qualifi es in terms of customary law to assume the positionof a king or queen, as the case may be, after taking into account whether any grounds referred to in section 9(1) or 16(11) or 16(14)(a), (c), (d), (e) or (k apply to that person. a. Recognition of Customary Marriages Act 120 of 1998 b. Black Administration Act c. Traditional Leadership and Khoisan Act 3 of 2019. d. Law of Evidence Amendment Act 45 of 198824 Question 6 Complete Marked out of 1.00 Question 7 Complete Marked out of 1.00 Question 8 Complete Marked out of 1.00 Choose only one of the four source materials listed in the question for the answer which is the source of the extract (answer)provided below. A traditional authority that observes a system of customary law may function subject to any applicable legislation andcustoms, which includes amendment to, or repeal of, that legislation or those customs. a. Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 b. Constitution of the Republic of South Africa, 1996 c. Law of Evidence Amendment Act 45 of 1988 d. Recognition of Customary Marriages Act 120 of 1998 Choose only one of the four source materials listed in the question for the answer which is the source of the extract (answer)provided below. The Constitutional Court enjoined us not to look at post-constitutional customary law with the common law lens anymore,but with reference to indigenous normative values. The idea was to allow Africans to refer to their indigenous defi nition ofcustomary law to prove their title in their land, so that they are not forced to apply the common law defi nition that did notaccommodate their culture. a. Sigcau v Minister of Cooperative Governance &Traditional Affairs 2018 (12) BCLR 1525 (CC). b. Motsoatsoa v Roro Case no 02/24921 [2008] ZAGPHC 129 c. Mabuza v Mbatha Mabuza v Mbatha 2003 (7) BCLR 43 (C) d. In Alexkor Ltd and Another v Richtersveld Community and Others 2003 (12) BCLR 1301 (CC) Choose only one of the four source materials listed in the question for the answer which is the source of the extract (answer)provided below. No person may unfairly discriminate against any person on the ground of gender, including a gender-based violence. b femalegenital mutilation. c the system of preventing women from inheriting family property. d any practice, including traditional,customary, or religious practice, which impairs the dignity of women and undermines equality between women and men,including the undermining of the dignity and well-being of the girl child; a. Constitution of the Republic of South Africa b. Recognition of Customary Marriages Act 120 of 1998 c. Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 d. Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 Question 9 Complete Marked out of 1.00 Question 10 Complete Marked out of 1.00 Choose only one of the four source materials listed in the question for the answer which is the source of the extract (answer)provided below. The estate or part of the estate of any person who is subject to customary law who dies after the commencement of this Actand whose estate does not devolve in terms of that person’s will, must devolve in accordance with the law of intestatesuccession as regulated by the Intestate Succession Act, … a. Recognition of Customary Marriages Act 120 of 1998 b. Traditional Leadership and Governance Framework Act 41 of 2003 c. Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 d. Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 Choose only one of the four source materials listed in the question for the answer which is the source of the extract (answer)provided below. In casu, it is common cause that no customary union existed between the appellant and the deceased when Tembi was born.It is also common cause that no customary union was entered into after her birth. It follows that, although part of the bridewealth was paid, without a customary union between her parents, Tembi was not legitimised. Mynhardt J was accordinglycorrect in holding that Tembi is illegitimate. a. Gumede v President of the Republic of South Africa 2009 (3) BCLR 243 (CC) b. Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC) c. Mthembu v Letsela and Another 2000 (3) SA 867 (SCA) d. Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 LCP4804-24-S1  Welcome Message  Assessment 1 Question 1 Not yet answered Marked out of 1.00 Question 2 Not yet answered Marked out of 1.00 QUIZ Choose only one of the four source materials listed in the question for the answer which is the source of the extract (answer)provided below. At the heart of the Act is the intention to advance the rights of women married according to customary law in order that theyacquire rights to matrimonial property they did not have before the enactment of the Act. Effectively, the Act seeks to realisethe right to equality envisaged in the Bill of rights…. Thus section 7(6) is aimed at protecting the proprietary interests of boththe existing and prospective spouse… a. Ngwenyama v Mayelane 2012(10) BCLR 1071 (SCA) b. Fanti v Boto and Others 2008 (5) SA 405 (C) c. Pilane and Another v Pilane and Others 2013 (4) BCLR 431 (CC) d. Mayelane v Ngwenyama and Another 2013 (8) BCLR 918 (CC) Clear my choice Choose only one of the four source materials listed in the question for the answer which is the source of the extract (answer)provided below. Where a norm appears from a tradition, and there is no indication that a contemporary development hadoccurred or is occurring, past practice will be suffi cient to establish a rule. But where the contemporary practice of thecommunity suggests that change has occurred, past practice alone is not enough and does not on its own establish a rightwith certainty, as the three-factor test set out above makes clear. Past practice will also not be decisive where theConstitution requires the development of the customary law in line with constitutional values. a. Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC) b. Mabuza v Mbatha 2003 (7) BCLR 43 (C) c. Gumede v President of the Republic of South Africa 2009 (3) BCLR 243 (CC) d. Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC) Clear my choice LCP4804-24-S1  Welcome Message  Assessment 1 Question 3 Not yet answered Marked out of 1.00 Question 4 Not yet answered Marked out of 1.00 QUIZ Choose only one of the four source materials listed in the question for the answer which is the source of the extract (answer)provided below. If the registering offi cer is satisfi ed that a valid customary marriage exists or existed between the spouses, he or she mustregister the marriage and issue a certifi cate of registration a. Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 b. Recognition of Customary Marriages Act 120 of 1998 c. Traditional Leadership and Governance Framework Act 41 of 2003 d. Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 Clear my choice Choose only one of the four source materials listed in the question for the answer which is the source of the extract (answer)provided below. I hold that… section 7(1) of the Recognition Act insofar as it provides that the proprietary consequences of a marriageentered before the commencement of the Recognition Act continue to be governed by customary law. Section 7(2) of theRecognition Act, insofar as it distinguishes between a customary marriage entered after and before the commencement ofthe Recognition Act, by virtue of the inclusion of the words ‘entered into after the commencement of this Act. a. Pilane and Another v Pilane and Others 2013 (4) BCLR 431 (CC) b. Gumede v President of the Republic of South Africa 2009 (3) BCLR 243 (CC) c. Mthembu v Letsela and Another 2000 (3) SA 867 (SCA) d. Mabuza v Mbatha 2003 (7) BCLR 43 (C) Clear my choice LCP4804-24-S1  Welcome Message  Assessment 1 Question 5 Not yet answered Marked out of 1.00 Question 6 Not yet answered Marked out of 1.00 QUIZ Choose only one of the four source materials listed in the question for the answer which is the source of the extract (answer)provided below. The royal family must, within a reasonable time after the need arises for the position of a King or a Queen to be fi lled, andwith regard to the applicable customary law-Identify a person who qualifi es in terms of customary law to assume the positionof a king or queen, as the case may be, after taking into account whether any grounds referred to in section 9(1) or 16(11) or 16(14)(a), (c), (d), (e) or (k apply to that person. a. Recognition of Customary Marriages Act 120 of 1998 b. Black Administration Act c. Traditional Leadership and Khoisan Act 3 of 2019. d. Law of Evidence Amendment Act 45 of 198824 Clear my choice Choose only one of the four source materials listed in the question for the answer which is the source of the extract (answer)provided below. A traditional authority that observes a system of customary law may function subject to any applicable legislation andcustoms, which includes amendment to, or repeal of, that legislation or those customs. a. Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 b. Constitution of the Republic of South Africa, 1996 c. Law of Evidence Amendment Act 45 of 1988 d. Recognition of Customary Marriages Act 120 of 1998 Clear my choice LCP4804-24-S1  Welcome Message  Assessment 1 Question 7 Not yet answered Marked out of 1.00 Question 8 Not yet answered Marked out of 1.00 QUIZ Choose only one of the four source materials listed in the question for the answer which is the source of the extract (answer)provided below. The Constitutional Court enjoined us not to look at post-constitutional customary law with the common law lens anymore,but with reference to indigenous normative values. The idea was to allow Africans to refer to their indigenous defi nition ofcustomary law to prove their title in their land, so that they are not forced to apply the common law defi nition that did notaccommodate their culture. a. Sigcau v Minister of Cooperative Governance &Traditional Affairs 2018 (12) BCLR 1525 (CC). b. Motsoatsoa v Roro Case no 02/24921 [2008] ZAGPHC 129 c. Mabuza v Mbatha Mabuza v Mbatha 2003 (7) BCLR 43 (C) d. In Alexkor Ltd and Another v Richtersveld Community and Others 2003 (12) BCLR 1301 (CC) Clear my choice Choose only one of the four source materials listed in the question for the answer which is the source of the extract (answer)provided below. No person may unfairly discriminate against any person on the ground of gender, including a gender-based violence. b femalegenital mutilation. c the system of preventing women from inheriting family property. d any practice, including traditional,customary, or religious practice, which impairs the dignity of women and undermines equality between women and men,including the undermining of the dignity and well-being of the girl child; a. Constitution of the Republic of South Africa b. Recognition of Customary Marriages Act 120 of 1998 c. Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 d. Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 Clear my choice LCP4804-24-S1  Welcome Message  Assessment 1 Question 9 Not yet answered Marked out of 1.00 Question 10 Not yet answered Marked out of 1.00 QUIZ Choose only one of the four source materials listed in the question for the answer which is the source of the extract (answer)provided below. The estate or part of the estate of any person who is subject to customary law who dies after the commencement of this Actand whose estate does not devolve in terms of that person’s will, must devolve in accordance with the law of intestatesuccession as regulated by the Intestate Succession Act, … a. Recognition of Customary Marriages Act 120 of 1998 b. Traditional Leadership and Governance Framework Act 41 of 2003 c. Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 d. Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 Clear my choice Choose only one of the four source materials listed in the question for the answer which is the source of the extract (answer)provided below. In casu, it is common cause that no customary union existed between the appellant and the deceased when Tembi was born.It is also common cause that no customary union was entered into after her birth. It follows that, although part of the bridewealth was paid, without a customary union between her parents, Tembi was not legitimised. Mynhardt J was accordinglycorrect in holding that Tembi is illegitimate. a. Gumede v President of the Republic of South Africa 2009 (3) BCLR 243 (CC) b. Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC) c. Mthembu v Letsela and Another 2000 (3) SA 867 (SCA) d. Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009