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lOMoAR cPSD| 8845461LCP4804
Advanced Indigenous Law Exam Pack Semester 2 2023
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, lOMoAR cPSD| 8845461
LCP4804 Latest Exam Pack with Current
Exam Answers, Semester 2 2023.
Exam Date: 6 November 2023
,UNIVERSITY EXAMINATIONS
May/June 2023
ADVANCED INDIGENOUS LAW LCP4804
100 Mark
Duration: 4:00 Hours
EXAMINERS:
First examiner: Ms TM
Second examiner: Mrs N
This paper consists of Seven (7) pages.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
Instructions:
1. This examination paper is marked out of 100.
2. The paper consists of FIVE questions.
3. The duration of the examination on the timetable is FOUR (4) hours. In
addition to the duration of the examination indicated on the timetable, you are given
30 minutes to FINALISE the uploading of your exam file. Your exam file must
be uploaded via the myExams platform on 29 MAY 2023 before 12:30 (South
African Standard Time).
4. This is an open-book examination. You may consult your prescribed study
material during the examination.
5. This examination is proctored via the Invigilator App. You are required to
activate the Invigilator app between 7:45 and 8:30 (South African Standard Time).
The QR code is below:
, Question 1
With reference to the relevant African customary law authorities, and while providing
practical examples, critically discuss how South African courts have dealt with the
application of the principle of male primogeniture. [20]
Question 2
Critically discuss the differences between living customary law and official customary
law. [15]
Question 3
3.1 Study the provisions of the Traditional Leadership and Governance Framework Act
41 of 2003 as amended by Act 23 of 2009, as they relate to the appointment of a king
or queen to that position thoroughly. You will notice that such appointment may be
recommended by the Commission or by the royal family, as the case may be, as it
happened in Sigcau v Minister of Cooperative Governance &Traditional Affairs 2018
(12) BCLR 1525 (CC).
Based on the foregoing, make a critical analysis of the differing approaches followed
by the majority and the minority judgments in that case.
(10)
3.2 With reference to the need for the state to promote self-determination to
communities in the pursuit of the Africanisation project, comment fully on which of the
judgment in Question 3.1 above succeeded in this regard.
(10)
[20]
Question 4
The ending of a customary marriage is the subject of massive contestation. The
debates are also dominated by evidence of a lack of consensus on the usage of
terminologies such as ‘termination’, ‘dissolution’ and ‘divorce’. As a legal expert in the
field of African customary law, a lay member of the community consults you,
requesting for a thorough explanation of the grounds for ending a customary marriage.
Explain to the member the grounds for ending a customary marriage.
[20]
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