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LCP4804 EXAM PACK 2024/2025
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LCP4804 EXAM PACK 2024/2025 QUESTIONS WITH COMPLETE ANSWERS, COMPILED FROM RECENT PAST PAPERS. PERFECT FOR EXAM PREPARATION.
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,UNIVERSITY EXAMINATIONSMay/June 2024
LCP4804
Advanced Indigenous Law
100 Marks
Duration FOUR (4) Hours
First examiner: Ms NF Dlamini-Ndwandwe
Second examiner: Mr JT Mabala
,LCP4804 QUESTIONS Question 1
With the aid of decided cases of critically discuss the differences between
living customary law and official customary law and indicate why the
living customary law is held to be more aligned to the transformative
value of customary law in South Africa.
[25]
Question 2
Zanele and Buntu have been married for over five years under customary
law. Buntu is considering marrying another wife. He wants to know if
Zanele must give consent before he can conclude a further customary
marriage. With comprehensive reference to the applicable law and case
law advise him on the law regarding this. [25]
Question 3
(i)`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.
(15)
(ii) Discuss some of the observations or criticisms that have been levelled
against the court’s decision in Mthembu v Letsela and Another 2000 (3)
SA 867 (SCA) in deciding on the question of the male primogeniture rule
and illegitimacy under customary law.
, (15)
[30] Question 4
(i) Make a critical appraisal of the probative value of the contribution of
the
legislation on the Recognition of Customary marriages Act 120 of
1998 on the development or otherwise of post-apartheid customary law. (5)
(ii) Explain how attributes of Group solidarity, communal living, and
ethos of reciprocity contribute to the principle of umuntu ngumuntu
ngabantu/motho ke motho ka batho in preventing the onset of poverty in
society. (15)
[20]
TOTAL= {100}
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