LCP4804 PAST EXAM PACK QUESTION & ANSWERS

LCP4804 PAST EXAM PACK QUESTION & ANSWERS If X relies on his status as the late Kgoshi XYZ’s most senior son and customary heir to all his father’s positions: The Traditional Leadership and Governance Framework Act 41 of 2003 (The Act) provides for the appointment of women as traditional leaders where necessary to enhance gender representatively. Traditional Leaders are no longer chosen by the ‘State president as the Supreme Chief of all natives’, but are identified by the royal family for appointment by the government, to reduce the danger of appointing government stooges. Also in the case of Shilubana v Nwamitwa the court held that a women can be appointed as a traditional leader if she has the necessary qualities and suitable for the position. The fact that X relies on his status as the late Kgoshi most senior son doesn’t hold water in the current constitutional standing of customary law. The courts are ready to promote equality in issues of succession and the ConCourt jettisoned the past practices of the male primogeniture rule which prefers males over females.