LCP4804 - Exam Prep 2025
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Terms in this set (20)
, 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
Nwamita v Appeal to CC
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.
, 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,
update|comprehensive questions
and verified answers (complete
solutions) Exam|ASSURED SUCCESS
|GRADE A+!!
Save
Terms in this set (20)
, 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
Nwamita v Appeal to CC
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.
, 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,
