2022.18.

Take home test

LAC 213E

MR ANATHI PHELA

THIS IS A TAKE HIOME TEST WHICH SHOULD BE DONE AS INDIVDUALS. COMPLETE THE TEST ON MS
WORD, FONT 12, ARIAL, LINE SPACING 1.5, JUSTIFIED.

SEND THIS TO 2022lactest@gmail.com IF YOU FAIL TO SEND TO THE CORRECT ADDRESS, I WILL

NOT MARK YOUR WORK. LATE SUBMISSIONS ARE ALLOWED BUT THEY COME WITH A FIVE
PERCENT DEDUCTION FOR EACH DAY LATE. THIS INCLUDES AN HOUR LATE SUBMISSION.

WRITE YOUR FULL DETAILS AND STUDENT NUMBER/ PART TIME / FULL TIME. AUTHORITY SHOULD BE
CITED IN FULL.

General feedback will be given on the 25th of May 2022. I would like to advise against relying on the
internet and copy and paste as I have a fine eye and will spot this.

QUESTION 1

Discuss how the importance of virginity testing in relation to:

A. Seduction
B. Umetsha
C. Section 39(2) of the Constitution of South Africa,1996.

Total for Q1- (10)

Question 2

Mbali a husband to the deceased by the name Nomxhosa. Mbali is a serious strict zulu man from Kwa-
Nongoma north of KZN. He attends a funeral in the EC and is horrified to learn that the body of the
deceased is not ushered into the home stead but instead kept outside. He screams and says “this is not
right” the men from EC are shocked and wonder how this should be otherwise done. Mbali explains that
at some stage in time during Zulu funerals, the deceased is washed and dressed by the men of that
homestead. The EC Men who are of Xhosa descent are now interested in what the courts would have to
say.

As an ACL Scholar you are tasked to establish to what end will customary law be considered in resolving
this dispute, Ntlama N, argues for centrality of customary law in these situations. In light of the judgment
in Dalisile v Mgoduka (5056/2018) [2018] ZAECMHC. Discuss the issue of centrality of customary law in
dispute resolution concerning customary law. (17)

Question 3

Maswati and Sotho want to get married under customary law. Sotho is working for the University of Fort
Hare as a law lecturer. He is unfortunately not paid and his leave is declined. He is therefore not able to
pay Lobolo for Maswati. The result is marriage but lobolo was not paid for Maswati, a small celebration
was held for the said marriage.

Write an opinion and advise the couple on validity of their marriage, make sure to highlight authority to
support the stand you will take in your opinion. (18)

Total 45 marks