LCP4804 ASSIGNMENT 2 MEMO - SEMESTER 1 - 2023 - UNISA - (DETAILED ANSWERS WITH FOOTNOTES - DISTINCTION GUARANTEED)
QUESTION 1
Give the names of the parties; the legal question that was answered by the court, the reasons for judgment (ratio decidendi) and the decision of the court.
1. Mabu...
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LCP4804
Advanced Indigenous Law
ASSIGNMENT 1 MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER:- 387306
Due Date :- 23 March 2023
Includes Footnotes and/or Bibliography
QUESTION 1
Give the names of the parties; the legal question that was answered by the court, the reasons for judgment (ratio
decidendi) and the decision of the court.
1. Mabuza v Mbatha 2003 (7) BCLR 43 (C)
2. Mabena v Letsoalo 1998 (2) SA 1068 (T)
3. Ngwenyama v Mayelane 2012(10) BCLR 1071 (SCA)
4. Mayelane v Ngwenyama and Another 2013 (8) BCLR 918 (CC)
Question 2 (5 Marks)
Jack and Jill have been married for over five years under customary law. Jack is considering marrying another
wife. He wants to know if Jill must give consent before he can conclude a further customary marriage. As a law
student, please advise him. Refer to the relevant case law.
Question 3 (5 Marks)
Examine the transformation of the nature and meaning of post-apartheid customary law.
1. Alexkor Ltd and Another v Richtersveld Community and Others 2003 (12) BCLR 1301 (CC)
2. Pilane and Another v Pilane and Others 2013 (4) BCLR 431 (CC)
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Give the names of the parties; the legal question that was answered by the court,
the reasons for judgment (ratio decidendi) and the decision of the court.
1. Mabuza v Mbatha 2003 (7) BCLR 43 (C)
2. Mabena v Letsoalo 1998 (2) SA 1068 (T)
3. Ngwenyama v Mayelane 2012(10) BCLR 1071 (SCA)
4. Mayelane v Ngwenyama and Another 2013 (8) BCLR 918 (CC)
Names of the parties: Mabuza v Mbatha
Legal question: Whether a seSwati customary marriage can be valid without the
observance of the ukumekeza custom?
Reasons for judgment: A properly constituted customary marriage can stand where the
spouses waived the observance of the ukumekeza custom, particularly as the urban
conditions are not even suitable for the performance of such a custom, which was suitable
for the rural conditions of the past.
Decision of the court: The validity of the customary marriage was upheld.
Names of the parties: Mabena v Letsoalo
Legal question: Whether a customary marriage is valid where a young man, in the
absence of his father, negotiated his own customary marriage, together with his
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