LCP4804 Assignment 1 QUIZ (100% COMPLETE ANSWERS) Semester 1 2026 - DUE 17 March 2026

LCP4804 Assignment 1 QUIZ (COMPLETE ANSWERS) Semester 1 2026 - DUE 17 March 2026; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.8.1..2.7.8..3.3.7.2... Bhe v Magistrate Khayelitsha 2005 (1) SA 580 (CC) Mayelane v Ngwenyama 2013 (4) SA 415 (CC) Alexkor Ltd v Richtersveld Community 2004 (5) SA 460 (CC) Which of the following requirements is necessary for a valid customary marriage under the Recognition of Customary Marriages Act? Consent of the parties Registration before marriage A written marriage contract Approval by the High Court Which of the following describes the role of lobolo in customary marriages? It serves as proof of civil marriage registration It is a symbolic and cultural process linking families It replaces the need for consent between spouses It functions as a commercial transaction Which of the following institutions is responsible for administering deceased estates in South Africa? Master of the High Court Department of Home Affairs National Prosecuting Authority South African Law Reform Commission Which of the following rights is guaranteed in the Bill of Rights and influences the development of customary law? Right to equality Right to private property only Right to political office Right to trade freely Which of the following cases declared the rule of male primogeniture in customary succession unconstitutional? Bhe v Magistrate Khayelitsha 2005 (1) SA 580 (CC) Shilubana v Nwamitwa 2009 (2) SA 66 (CC) Alexkor Ltd v Richtersveld Community 2004 (5) SA 460 (CC) Mayelane v Ngwenyama 2013 (4) SA 415 (CC) Which of the following best describes the concept of constitutional supremacy? All legislation is superior to the Constitution The Constitution is the highest law of the country Customary law is superior to statutory law Judges may ignore constitutional provisions Which of the following bodies has the authority to interpret the Constitution? Constitutional Court National Assembly Department of Justice Law Society Which of the following principles ensures fairness in the distribution of property in customary marriages? Equality between spouses Absolute control by the husband Authority of the extended family Control by traditional leaders Which of the following statements best reflects the relationship between customary law and the Constitution? Customary law operates independently from the Constitution Customary law must comply with the Constitution Customary law replaces constitutional principles A traditional authority that observes a system of customary law may function subject to any applicable legislation and customs, which includes amendment to, or repeal of, that legislation or those customs. Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 Constitution of the Republic of South Africa, 1996 Law of Evidence Amendment Act 45 of 1988 Recognition of Customary Marriages Act 120 of 1998 According to its Preamble, some of the main objectives of the RCMA are: Choose the incorrect statement: To make provision for the recognition of customary marriages To not specify the requirements for validity To provide for the unequal status and capacity of spouses in these marriages To regulate registration, proprietary consequences, and dissolution At the heart of the Act is the intention to advance the rights of women married according to customary law in order that they acquire rights to matrimonial property they did not have before the enactment of the Act. Effectively, the Act seeks to realise the right to equality envisaged in the Bill of rights. Thus section 7(6) is aimed at protecting the proprietary interests of both the existing and prospective spouse. Ngwenyama v Mayelane 2012(10) BCLR 1071 (SCA) Fanti v Boto and Others 2008 (5) SA 405 (C) Pilane and Another v Pilane and Others 2013 (4) BCLR 431 (CC) Mayelane v Ngwenyama and Another 2013 (8) BCLR 918 (CC) Concluding a marriage is a juristic act which has the following consequences: Choose the incorrect statement? Section 10(4) of the RCMA does not allow a couple that has concluded a civil marriage to enter into a customary marriage even with each other, the further marriages would be deemed invalid If a couple concludes a customary marriage, a husband who purports to enter into a subsequent civil marriage with a different woman is not legally competent and it will be invalid If a couple concludes a civil marriage and the husband purports to enter into a subsequent customary marriage with a different wife or wives, those subsequent marriages will be invalid as civil marriages cannot be polygamous Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 During the transitional period from colonial apartheid to democracy, the interim Constitution included the following. Choose the correct statement: It included the concept of Ubuntu It entrenched the notion of the death penalty The Interim Constitution did not include Constitutional Principle XI The Constitutional Court ruled that ubuntu must specifically be mentioned in the Constitution On the issue of the return of lobolo, many traditional communities observe at least three criteria on the basis of which the guardian may retain some of the lobolo even as he hands over the rest to mark the termination of the marriage tie. Choose the incorrect statement. Whether when she got married she was a virgin Whether the wife has borne children Whether any fault can be attributed to either of the spouses Whether her performance of services in her married home should be acknowledged Section 5(1) of the RCLSA authorises the Master of the High Court having jurisdiction under the Administration of Estates Act to make a just and equitable determination in order to resolve a dispute or uncertainty which may have arisen in connection with. Choose the incorrect statement. The status of or any claim by any person in relation to a person whose estate or part thereof must in terms of this Act devolve in terms of the Intestate Succession Act The devolution of individual property involved in such estate The nature or content of any asset in such estate The devolution of family property involved in such estate The Constitutional Court enjoined us not to look at post-constitutional customary law with the common law lens anymore, but with reference to indigenous normative values. The idea was to allow Africans to refer to their indigenous definition of customary law to prove their title in their land, so that they are not forced to apply the common law definition that did not accommodate their culture. Sigcau v Minister of Cooperative Governance and Traditional Affairs 2018 (12) BCLR 1525 (CC) Motsoatsoa v Roro Case no 02/24921 [2008] ZAGPHC 129 Mabuza v Mbatha 2003 (7) BCLR 43 (C) In Alexkor Ltd and Another v Richtersveld Community and Others 2003 (12) BCLR 1301 (CC) The Constitutional Court's view of the concept of customary law provided in the Bhe case stated that the minority judgment of Ngcobo J recognised three forms of customary law. Choose the incorrect statement. Customary law that is practised in the community Customary law that is bound in statutes, case law, or textbooks on official customary law Academic law that is used for teaching purposes That the institutionalised form of customary law represents the living customary law While in the past indigenous law was seen through the common law lens, it must now be seen as an integral part of our law. Like all law it depends for its ultimate force and validity on the Constitution. Its validity must now be determined by reference not to common law, but to the Constitution. Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC) Mabuza v Mbatha 2003 (7) BCLR 43 (C) Alexkor Ltd v Richtersveld Community (CCT 19/03) [2003] ZACC 18; 2004 (5) SA 460 (CC) Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR 1 (CC) A traditional authority exercising powers under customary law must operate within the framework of the Constitution and applicable legislation. Which of the following legal instruments provides the supreme authority governing all law in South Africa? Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 Constitution of the Republic of South Africa, 1996 Traditional Leadership and Governance Framework Act 41 of 2003 Recognition of Customary Marriages Act 120 of 1998 Which of the following is NOT one of the objectives of the Recognition of Customary Marriages Act 120 of 1998? To recognise customary marriages as valid marriages To regulate the proprietary consequences of customary marriages To promote equality between spouses in customary marriages To abolish the registration of customary marriages Which of the following cases dealt with the requirement of consent of the first wife before a husband may enter into another customary marriage? Bhe v Magistrate Khayelitsha 2005 (1) SA 580 (CC) Mayelane v Ngwenyama 2013 (4) SA 415 (CC) Shilubana v Nwamitwa 2009 (2) SA 66 (CC) Alexkor Ltd v Richtersveld Community 2004 (5) SA 460 (CC) Which of the following statutes regulates the recognition and validity of marriages concluded according to customary law in South Africa? Marriage Act 25 of 1961 Recognition of Customary Marriages Act 120 of 1998 Civil Union Act 17 of 2006 Intestate Succession Act 81 of 1987 Which of the following best describes the concept of living customary law? Customary law recorded in textbooks and legislation Customary law applied strictly according to colonial interpretations Customary law actually observed and practised within communities Customary law created by the Constitutional Court Which of the following cases confirmed that customary law forms part of South African law and must be interpreted in accordance with the Constitution? Alexkor Ltd v Richtersveld Community 2004 (5) SA 460 (CC) Fose v Minister of Safety and Security 1997 (3) SA 786 (CC) S v Makwanyane 1995 (3) SA 391 (CC) Minister of Home Affairs v Fourie 2006 (1) SA 524 (CC) Which of the following principles guides the development and interpretation of customary law in the constitutional era? Supremacy of Roman-Dutch law Supremacy of statutory law only Supremacy of the Constitution Supremacy of colonial legal traditions Which of the following pieces of legislation governs intestate succession in South Africa? Intestate Succession Act 81 of 1987 Marriage Act 25 of 1961 Maintenance Act 99 of 1998 Divorce Act 70 of 1979 Which of the following courts is the highest authority on constitutional matters in South Africa? Supreme Court of Appeal High Court Constitutional Court Magistrates’ Court Which of the following legal principles promotes human dignity, compassion and communal harmony within African customary law? Restitutio in integrum Ubuntu Stare decisis Ratio decidendi Which of the following cases dealt with the development of customary law relating to traditional leadership succession? Shilubana v Nwamitwa 2009 (2) SA 66 (CC)