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LCP4804
Advanced Indigenous Law
ASSIGNMENT 2 MEMO
SEMESTER 2 - 2023
UNIQUE NUMBER: -341217
Due date: - 11 September 2023
Includes Footnotes and/or Bibliography
Question
QUESTION 1
Make a critical evaluation of the provisions of section 39(2) of the Constitution of the
Republic of South Africa, 1996 as they pertain to customary law and provide an
illustration of at least two cases where these provisions (section 39(2)) were applied
to develop customary law in the courts. (15)
QUESTION 2
With reference to a recent Constitutional Court case, critically examine the conundrum
created by the simultaneous designation of the royal family, on the one hand, and of
the Commission for Traditional Leadership Disputes and Claims, on the other, by the
Traditional Leadership and Governance Framework Act, 41 of 2003 – in the
identification and appointment process for filling the vacancy of a king or queen. (10)
[25]
Question continues…
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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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SELLING” memos for the year 2021/2022.
LCP4804
Advanced Indigenous Law
ASSIGNMENT 2 MEMO
SEMESTER 2 - 2023
UNIQUE NUMBER: -341217
Due date: - 11 September 2023
Includes Footnotes and/or Bibliography
Question
QUESTION 1
Make a critical evaluation of the provisions of section 39(2) of the Constitution of the
Republic of South Africa, 1996 as they pertain to customary law and provide an
illustration of at least two cases where these provisions (section 39(2)) were applied
to develop customary law in the courts. (15)
QUESTION 2
With reference to a recent Constitutional Court case, critically examine the conundrum
created by the simultaneous designation of the royal family, on the one hand, and of
the Commission for Traditional Leadership Disputes and Claims, on the other, by the
Traditional Leadership and Governance Framework Act, 41 of 2003 – in the
identification and appointment process for filling the vacancy of a king or queen. (10)
[25]
Question continues…
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: 074 074 3729 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
