3/4/25, 7:23 AM LCP4804 - Exam Prep 2025 update|comprehensive questions and verified answers (complete solutions) Exam|ASSURED SUC…
LCP4804 - Exam Prep 2025
update|comprehensive questions and verified
answers (complete solutions) Exam|ASSURED
SUCCESS |GRADE A+!!
Save
Terms in this set (20)
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,3/4/25, 7:23 AM LCP4804 - Exam Prep 2025 update|comprehensive questions and verified answers (complete solutions) Exam|ASSURED SUC…
Development of customer law of Succession
Philia not appointed traditional leader in 1968 when
father died.
Due to laws of unfair discrimination.
Fathers brother Richard appointed.
Died 2001 - Valoyi Traditional Authority : appoint
Philia on constitutional provision of gender equality.
Amended past practice - eldest son successor.
Sidwell (son) dispute appointment relying on past
practices.
HC and SCA decided in favor of Sidwell I.t.o.
community past practices.
SHILUBANA v NWAMITWA
Appeal to CC
Nwamita v Shilubana
Unanimous judgment - Ms Shilubana appointed
legitimately.
Emphasized customary law living system of law.
Not bound by historical precedents.
Flexibility allowed to evolve as community changes.
CC deviated from past decisions.
Redefine customary law as system that reflect
current practices of community.
Customary law regarding appointment of traditional
leader legitimately evolved to allow appointment of
woman.
Consistent with Constitution.
cC upheld appeal.
Particular community adapted laws.
Other communities judged according to own
practices.
https://quizlet.com/1013603502/lcp4804-exam-prep-2025-updatecomprehensive-questions-and-verified-answers-complete-solutions-examassur… 2/20
, 3/4/25, 7:23 AM LCP4804 - Exam Prep 2025 update|comprehensive questions and verified answers (complete solutions) Exam|ASSURED SUC…
MABUZA v MBATHA
MABENA v LETSOALO
Courts negotiated transition from old order to
present.
MABUZA transition from society defined customary
marriage with reference to elaborate ukumekeza
best suited to rural setup and no longer required in
current urban conditions.
MABENA independent and adult youths
empowered to negotiate own customary marriages
and involvement of fathers no longer essential.
Also illustrate extent of transformation in law of
marriage especially issue of validity.
MALULEKE integration of bride not observed
spouses themselves showed they related to each
other that they accepted they were husband and
wife.
In difficult cases where entered into or celebrated
cannot be proved, behavior of spouses becomes
important.
ALEXKOR v RICHTERSVELD COMMUNITY
Development of living
Customary law and common law equal components
customary law under
of SA law.
Constitution
Current status of customary law that of an original
and independent system with own values and
norms.
SHILUBANA v NWAMITWA authority for
ascertaining applicable customary law.
Past practice applies until it is clear that such
practice is changed.
Look at current social practice to find applicable
customary law.
S 211(2) of Constitution empowers communities to
make and amend laws.
Shilubana done by amendment aligning law with
https://quizlet.com/1013603502/lcp4804-exam-prep-2025-updatecomprehensive-questions-and-verified-answers-complete-solutions-examassur… 3/20
LCP4804 - Exam Prep 2025
update|comprehensive questions and verified
answers (complete solutions) Exam|ASSURED
SUCCESS |GRADE A+!!
Save
Terms in this set (20)
https://quizlet.com/1013603502/lcp4804-exam-prep-2025-updatecomprehensive-questions-and-verified-answers-complete-solutions-examassur… 1/20
,3/4/25, 7:23 AM LCP4804 - Exam Prep 2025 update|comprehensive questions and verified answers (complete solutions) Exam|ASSURED SUC…
Development of customer law of Succession
Philia not appointed traditional leader in 1968 when
father died.
Due to laws of unfair discrimination.
Fathers brother Richard appointed.
Died 2001 - Valoyi Traditional Authority : appoint
Philia on constitutional provision of gender equality.
Amended past practice - eldest son successor.
Sidwell (son) dispute appointment relying on past
practices.
HC and SCA decided in favor of Sidwell I.t.o.
community past practices.
SHILUBANA v NWAMITWA
Appeal to CC
Nwamita v Shilubana
Unanimous judgment - Ms Shilubana appointed
legitimately.
Emphasized customary law living system of law.
Not bound by historical precedents.
Flexibility allowed to evolve as community changes.
CC deviated from past decisions.
Redefine customary law as system that reflect
current practices of community.
Customary law regarding appointment of traditional
leader legitimately evolved to allow appointment of
woman.
Consistent with Constitution.
cC upheld appeal.
Particular community adapted laws.
Other communities judged according to own
practices.
https://quizlet.com/1013603502/lcp4804-exam-prep-2025-updatecomprehensive-questions-and-verified-answers-complete-solutions-examassur… 2/20
, 3/4/25, 7:23 AM LCP4804 - Exam Prep 2025 update|comprehensive questions and verified answers (complete solutions) Exam|ASSURED SUC…
MABUZA v MBATHA
MABENA v LETSOALO
Courts negotiated transition from old order to
present.
MABUZA transition from society defined customary
marriage with reference to elaborate ukumekeza
best suited to rural setup and no longer required in
current urban conditions.
MABENA independent and adult youths
empowered to negotiate own customary marriages
and involvement of fathers no longer essential.
Also illustrate extent of transformation in law of
marriage especially issue of validity.
MALULEKE integration of bride not observed
spouses themselves showed they related to each
other that they accepted they were husband and
wife.
In difficult cases where entered into or celebrated
cannot be proved, behavior of spouses becomes
important.
ALEXKOR v RICHTERSVELD COMMUNITY
Development of living
Customary law and common law equal components
customary law under
of SA law.
Constitution
Current status of customary law that of an original
and independent system with own values and
norms.
SHILUBANA v NWAMITWA authority for
ascertaining applicable customary law.
Past practice applies until it is clear that such
practice is changed.
Look at current social practice to find applicable
customary law.
S 211(2) of Constitution empowers communities to
make and amend laws.
Shilubana done by amendment aligning law with
https://quizlet.com/1013603502/lcp4804-exam-prep-2025-updatecomprehensive-questions-and-verified-answers-complete-solutions-examassur… 3/20
