African Customary Law in South Africa Study guides, Study notes & Summaries

LCP_4804 Exam Pack. Official Customary Law In general, the official customary law reflects state interests and is part of state law. The official version of customary law is found in statutes, law reports, the South African Law Reform Commission reports, text books, university lectures and other public documents. According to Ndima, the official version of customary law depends on alien values for validity. Mogoro J, in Du Plessis v De Klerk 1 , points out that customary law "has lamenta...

Question 1 Read the following scenario and answer the questions set out below: In 2011 the Constitutional Court heard the case of The Citizen 1978 (Pty) Ltd and Others v McBride (CCT 23/10) 2011 (4) SA 191 (CC). This was a defamation case brought by Robert McBride against the Citizen newspaper. He alleged that they had defamed him. The Newspaper believed that the comments were covered by freedom of expression. In the Course of his minority Judgment, Mogoeng J made the follo...

Question 1 Read the following scenario and answer the questions set out below: In 2011 the Constitutional Court heard the case of The Citizen 1978 (Pty) Ltd and Others v McBride (CCT 23/10) 2011 (4) SA 191 (CC). This was a defamation case brought by Robert McBride against the Citizen newspaper. He alleged that they had defamed him. The Newspaper believed that the comments were covered by freedom of expression. In the Course of his minority Judgment, Mogoeng J made the follo...

QUESTION 1 (a) Write down the definition of customary law as it appears from section 1 of the Recognition of Customary Marriages Act 120 of 1998; and then use its wording to explain the nature, role and function of this component of the South African legal system as appears from case law. (10) (b) ) Apply extracts (i) and (ii) below to analyse the differences between the status, nature and characteristics of customary law under the pre- and the post constitutional periods in South African law ...

This document contains workings, explanations and solutions to the PVL2602 Assignment 1 (QUALITY ANSWERS) Semester 1 2024. For assistance call or us on 0.6.8..8.1.2..0.9.3.4..... Question 1 In Mark 0.00 out of 1.00 Buhle Baloyi, a 94-year-old retired judge, had been suffering from a prolonged respiratory infection from late 2018. In addition to this, he was diagnosed with rheumatoid arthritis and as a result, he spent most of his days in bed, as he was in severe physical pain. He was looked af...

LAW OF CONTRACT NOTES: Contract as an agreement intended to create enforceable obligations A contract is an agreement between two or more parties. The extra ingredient that distinguishes contracts from non-binding agreements is a serious intention to create legally enforceable obligations (animus contrahendi). The absence of an animus contrahendi explains why ‘gentlemen’s agreements’ are not enforceable as contracts. Legally binding agreements that are not contracts: The ...

IND2601 EXAM PACK MCQ QUESTIONS AND ANSWERS 2022 BEST LAST MINUTE EXAM PREP 1) MCQ QUESTION Indigenous African people observe legal rules and most rules for living, due to factors such as…. 1) Faithfulness to Christian values 2) Fear of law-enforcing organs such as the police 3) Public opinion and the fear of punishment 4) The availability of courts and judges 2) MCQ QUESTION Specialised and unspecialised systems are similar because….. 1) Emphasis falls strongly on the group 2...

LCP4801 PAST EXAM QUESTIONS AND ANSWERS – Exam Prep 2022. List the differences between public international law and municipal law (5) Municipal law Public International law Full legislative body. The legislature enact rules of law which the citizens must obey No legislative body with the power to enact rules binding on all states. Rules are to be found in agreements between states (treaties) and in international custom Full executive machinery for enforcement of judgments and police ...

MAY/JUNE 2018 SUBSECTION A QUESTION ANSWER EXPLANATION 1 False The indirect application of the Bill of Rights means, that rather than finding law or conduct unconstitutional and providing a constitutional remedy, a court applies ordinary law, but interprets or develops it with reference to the values in the Bill of Rights. 2 True Because there is nothing about the nature of this right that makes it impossible for juristic persons to invoke it. 3 True The Constitution ma...

General Principles of Commercial Law NINTH EDITION HEINRICH SCHULZE BLC LLB (Pret) LLD (Unisa) Advocate Professor of Law in the Department of Mercantile Law, University of South Africa ROSHANA KELBRICK BA (Pret) LLB (Stell) LLM LLD (Unisa) Attorney Professor of Law in the Department of Mercantile Law, University of South Africa TUKISHI MANAMELA BProc LLB (Unin) LLM (Unisa) Advocate Associate Professor in the Department of Mercantile Law, University of South Africa PHILIP STOOP B...