Advanced Indigenous
Law
LCP4804
6 NOVEMBER 2023
EXAMINATION ANSWERS
*We are so confident in our answers, if you do not
receive a distinction, contact us for a full refund!
, HONESTY DECLARATION
Module Code: .......................
Assessment Date.................
1. I know that plagiarism means taking and using the ideas, writings, works or
inventions of another as if they were one’s own. I know that plagiarism not only
includes verbatim copying, but also the extensive use of another person’s ideas
without proper acknowledgement (which includes the proper use of quotation marks)
or any attempt to cheat the plagiarism checking system. I know that plagiarism
covers the use of material found in textual sources and from the Internet.
2. I acknowledge and understand that plagiarism is wrong.
3. I understand that my assignment/exam answers must be accurately referenced.
4. This assignment/exam file/portfolio is my own work. I acknowledge that copying
someone else’s work, or part of it, is wrong, and that submitting identical work to
others constitutes a form of plagiarism.
5. I have not allowed, nor will I in the future allow anyone to copy my work with the
intention of passing it off as their own work.
6. I understand that I can be awarded 0% if I have plagiarized.
7. I understand that my assignment/exam file/portfolio may be submitted
automatically to Turnitin.
8. I confirm that I have read and understood the following UNISA policies: 8.1 Policy
for Copyright and Plagiarism
8.2 Policy on Academic Integrity
8.3 Student Disciplinary Code
Name: ………………
Signed:................ .
Date...................
, QUESTION 1
(a) Write down the definition of customary law as it appears from section 1 of the Recognition
of Customary Marriages Act 120 of 1998; and then use its wording to explain the nature,
role and function of this component of the South African legal system as appears from case
law. (10)
Customary law in South Africa is a vital component of the nation’s pluralistic legal
system. Defined in Section 1 of the Recognition of Customary Marriages Act 120
of 1998 (RCMA), customary law comprises "the customs and usages traditionally
observed among the indigenous African peoples of South Africa and which form
part of the culture of those peoples."1 This definition provides the foundational
understanding that customary law is an organic and integral part of the social fabric
of various indigenous communities, informing their day-to-day interactions, conflict
resolution, and societal organization.
The nature of customary law is intrinsically flexible, with its unwritten norms and
practices being passed down through generations. This fluidity allows for the
accommodation of changes within society and a form of law that is highly
contextual and adapted to the needs of the communities it serves. Its role within
the South African legal system is multifaceted: it operates alongside common law
and statutory law, recognizing the cultural autonomy of indigenous groups and their
right to regulate their own affairs in accordance with their traditions.2
In terms of function, customary law governs aspects of life including marriage,
inheritance, and leadership succession, among others. It emphasizes restorative
justice and the maintenance of harmony within communities. The South African
Constitutional Court has noted that customary law must be interpreted within the
1
Recognition of Customary Marriages Act 120 of 1998, s. 1.
2
Bennett, T.W. "Customary Law in South Africa." (2004).
Law
LCP4804
6 NOVEMBER 2023
EXAMINATION ANSWERS
*We are so confident in our answers, if you do not
receive a distinction, contact us for a full refund!
, HONESTY DECLARATION
Module Code: .......................
Assessment Date.................
1. I know that plagiarism means taking and using the ideas, writings, works or
inventions of another as if they were one’s own. I know that plagiarism not only
includes verbatim copying, but also the extensive use of another person’s ideas
without proper acknowledgement (which includes the proper use of quotation marks)
or any attempt to cheat the plagiarism checking system. I know that plagiarism
covers the use of material found in textual sources and from the Internet.
2. I acknowledge and understand that plagiarism is wrong.
3. I understand that my assignment/exam answers must be accurately referenced.
4. This assignment/exam file/portfolio is my own work. I acknowledge that copying
someone else’s work, or part of it, is wrong, and that submitting identical work to
others constitutes a form of plagiarism.
5. I have not allowed, nor will I in the future allow anyone to copy my work with the
intention of passing it off as their own work.
6. I understand that I can be awarded 0% if I have plagiarized.
7. I understand that my assignment/exam file/portfolio may be submitted
automatically to Turnitin.
8. I confirm that I have read and understood the following UNISA policies: 8.1 Policy
for Copyright and Plagiarism
8.2 Policy on Academic Integrity
8.3 Student Disciplinary Code
Name: ………………
Signed:................ .
Date...................
, QUESTION 1
(a) Write down the definition of customary law as it appears from section 1 of the Recognition
of Customary Marriages Act 120 of 1998; and then use its wording to explain the nature,
role and function of this component of the South African legal system as appears from case
law. (10)
Customary law in South Africa is a vital component of the nation’s pluralistic legal
system. Defined in Section 1 of the Recognition of Customary Marriages Act 120
of 1998 (RCMA), customary law comprises "the customs and usages traditionally
observed among the indigenous African peoples of South Africa and which form
part of the culture of those peoples."1 This definition provides the foundational
understanding that customary law is an organic and integral part of the social fabric
of various indigenous communities, informing their day-to-day interactions, conflict
resolution, and societal organization.
The nature of customary law is intrinsically flexible, with its unwritten norms and
practices being passed down through generations. This fluidity allows for the
accommodation of changes within society and a form of law that is highly
contextual and adapted to the needs of the communities it serves. Its role within
the South African legal system is multifaceted: it operates alongside common law
and statutory law, recognizing the cultural autonomy of indigenous groups and their
right to regulate their own affairs in accordance with their traditions.2
In terms of function, customary law governs aspects of life including marriage,
inheritance, and leadership succession, among others. It emphasizes restorative
justice and the maintenance of harmony within communities. The South African
Constitutional Court has noted that customary law must be interpreted within the
1
Recognition of Customary Marriages Act 120 of 1998, s. 1.
2
Bennett, T.W. "Customary Law in South Africa." (2004).
