LCP4804 Assignment:1

LCP4804 Assignment:1 Table of Contents Page Question 1…………………………………………………………………………………………………….3 Question 2……………………………………………………………………………………………………. Bibliography…………………………………………………………………………………………………. This study source was downloaded by from CourseH on :18:21 GMT -05:00 Question 1 There are important indications both during the hearing and in the judgement in Sigcau v Minister of Cooperative Governance &Traditional Affairs 2018 (12) BCLR 1525 (CC) that the Court had to confront the real issue plaguing our legal system and indeed legislation dealing with customary law: Whose law is it: the community’s law developed through its practice, or the law of the State as regulated, codified and adapted by the legislature? The differing approaches followed by the majority and the minority judgments in that case seem to have chosen to deal with that question using opposing views, with the earlier seemingly going for the statute driven emphasis whilst the latter chose the customary law view.