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LCP4804 Assignment 2 (QUALITY ANSWERS) Semester 1 2025

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This document contains workings, explanations and solutions to the LCP4804 Assignment 2 (QUALITY ANSWERS) Semester 1 2025. For assistance whats-app us on 0.6.8..8.1.2..0.9.3.4... QUESTION 1 Discuss the Southern African peoples, archived moments and movement? [10] QUESTION 2 With the aid of decided cases, critically discuss the differences between living customary law and official customary law and indicate the value of the classification of the law that is said to be more aligned to the transformation of customary law in South Africa. [20] QUESTION 3 Critically evaluate the extent of the success of the courts, in their transformative efforts to achieve the customary law that is envisioned by the Constitution, in Mabena v Letsoalo 1998 (2) SA 1068 (T) and Mabuza v Mbatha 2003 (7) BCLR 43. [20]

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LCP4804
Assignment 2 Semester 1 2025

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Due Date: April 2025


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 Detailed explanations and/ or calculations
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, QUESTION 1

THE SOUTHERN AFRICAN PEOPLES, ARCHIVED MOMENTS, AND
MOVEMENT

Southern Africa is a region rich in cultural diversity, history, and significant
movements that have shaped its present-day societies. It is home to various
ethnic groups, each with unique traditions, languages, and social structures.
The history of Southern African peoples is deeply intertwined with migration
patterns, colonialism, resistance movements, and socio-political
transformations. The region has experienced key historical moments that
have defined the identities, struggles, and aspirations of its inhabitants. This
essay explores the Southern African peoples, their major historical moments,
and significant movements, with a focus on archived events that have shaped
the region..




1. THE SOUTHERN AFRICAN PEOPLES

Southern Africa is inhabited by diverse groups, including the San, Khoikhoi,
Bantu-speaking peoples, and later European settlers. The San are considered
the earliest known inhabitants of the region, dating back thousands of years.
They were hunter-gatherers with a deep knowledge of the environment and
are known for their unique click languages and rock art, some of which date
back 20,000 years and serve as an important archive of their culture.1

The Khoikhoi, who were pastoralists, migrated into the region around 2000
BCE. They lived along the coastal regions and engaged in cattle herding,
which distinguished them from the San. These two groups coexisted but had
different ways of life, leading to occasional conflicts and trade interactions.2

Around 200–500 CE, the Bantu expansion saw the migration of Nguni and
Sotho-Tswana speakers into Southern Africa from Central Africa. These

1
Ndima, D. (2007). The Development of Customary Law in South Africa: An Analysis of Past
and Current Approaches. Speculum Juris, 21(1), 81-84.
2
Himonga, C., & Nhlapo, T. (Eds.). (2014). African Customary Law in South Africa: Post-
Apartheid and Living Law Perspectives. Oxford University Press.



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Professor I. P. Maithufi, Dr Sindiso Mnisi Weeks African Customary Law in South Africa
Publisher: Unknown ISBN: 9780199057184 Edition: 1

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