ASSIGNMENT

SEMESTER 2023 02
MODULE AFRICAN CUSTOMARY LAW
MODULE CODE LAC500
DUE DATE 22 SEPTEMBER 2023

Page 1 of Assignment
 ASSIGNMENT – 2023 SECOND SEMESTER
LAC500
AFRICAN CUSTOMARY LAW

0B ELECTRONIC SUBMISSION INSTRUCTIONS

1B Introduction
This assignment is compulsory and must be submitted through CANVAS, inside the
corresponding Module Class Course on or before 22 September 2023 by 24:00.

PLEASE ENSURE THAT THE ANSWER BOOK THAT YOU SUBMIT IS IN MS WORD
OR PDF FORMAT. NO SCANNED DOCUMENT WILL BE MARKED.

Your assignment answer book must include the following sections:

COVER PAGE:
Please include the following information on the first page of the assignment answer
book: Name, Surname, Student Number and Module Code.

BODY:
The assignment answers must be typed in MS Word format and saved as a PDF
document (File > Save As > Save as Type: PDF). Submit the final PDF document
to CANVAS.

LIST OF REFERENCES:
Refer to the STADIO Referencing guide HERE for guidance.

IMPORTANT: Ensure that you submit this assignment answer book on or before the
due date and time.
Submit this assignment answer book by logging in to CANVAS with your MySTADIO
account. Please use the same username and password credentials you have used to
log in to MySTADIO.

Submission Instructional Video

Submitting an assignment to CANVAS may be a new concept for some students.
Watch the tutorial video of the submission process by clicking on the link shown
below.

Submission
Guide

Click to Watch

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 ASSIGNMENT – 2023 SECOND SEMESTER
LAC500
AFRICAN CUSTOMARY LAW

Completing Your Assignment

A specific course inside of CANVAS for each of your modules has been created for you
to submit your Assignment to.
Step 1: Complete your assignment answer book.
Step 2: Save your file with the following naming convention:
[STUDENTNUMBER] [MODULECODE] [SURNAME].pdf
E.g. 21111234 BCU101 Surname.pdf
Step 3: Log in to CANVAS using your MySTADIO details:
(Username: studentnumber@stadioDL.ac.za and Password: ID
number)
Step 4: Select the desired module from the dashboard.
Step 5: Submit your assignment before the end of the due date.

Logging in to CANVAS
We have made logging in to CANVAS easier for students by using their MySTADIO
account to access the system without the need to create another password and other
login requirements. You can sign in directly by using the button link below (remember to
use your MySTADIO credentials: studentnumber@stadioDL.ac.za and ID number as
the password) or by going to https://stadio.instructure.com/login/canvas:

IMPORTANT NOTES
---THE PROCESS DETAILED ABOVE IS THE SAME ON A PERSONAL COMPUTER
AND MOBILE DEVICE. YOU WILL, HOWEVER, NEED TO ENSURE THAT YOU
HAVE SAVED YOUR COMPLETED ASSIGNMENT ON THE MOBILE DEVICE AND
HAVE DOWNLOADED THE CANVAS STUDENT APP BEFORE ATTEMPTING TO
SUBMIT.
---
YOU DO NOT REQUIRE A CANVAS CLASS ID AND ENROLMENT KEY TO
ACCESS YOUR REGISTERED MODULE CLASS, AS YOU HAVE BEEN
ALLOCATED TO THE CLASS BASED ON YOUR REGISTRATION. IF YOU DO NOT
SEE YOUR MODULE CLASS APPEAR, PLEASE CONTACT THE OFFICE FOR
ASSISTANCE.
---
IF YOU EXPERIENCE ANY DIFFICULTIES DURING THE SUBMISSION PROCESS –
AFTER READING THROUGH THE GUIDE AND ATTEMPTING THE PRESCRIBED
STEPS – PLEASE DO NOT HESITATE TO CONTACT THE OFFICE FOR
ASSISTANCE.

Page 3 of Assignment
 ASSIGNMENT – 2023 SECOND SEMESTER
LAC500
AFRICAN CUSTOMARY LAW

Question 1 [20]
Write an essay in which you evaluate the impact of the following cases to the landscape of
customary law. You are required to set the necessary factual background, legal question,
decision, and reason for decision, before evaluating the impact of the decision.

Gumede v President of the RSA and Others 2009 (3) SA 152 (CC) (10 marks)
Shilubana and Others v Nwamitwa 2009 (2) SA 66 (CC) (10 marks)

Question 2 [20]
With reference to at least one (1) decided case as well as the Traditional Leadership and
Governance Framework Act, 41 of 2003, illustrate how the Act has provided for the
resolution of succession disputes in indigenous law.
Your discussion of the case should make reference to the necessary factual background,
legal question, decision and reason for decision, before illustrating the impact of the decision.

Question 3 [10]
Illustrate at least five (5) of the main legal implications of section 1 of the Law of Evidence
Amendment Act, 45 of 1988, on the recognition of indigenous law in South Africa.

Question 4 [10]
Differentiate between the following three concepts:
i. House property (3 marks)
ii. Family property (4 marks)
iii. Personal property (3 marks)

Question 5 [20]
5.1 Mr Thando is a deceased family head who had three sons within his marriage to Mrs
Nothando. However, these three children are also deceased. Mr Thando, however,
had a son, Kgotso, with Sibongile although he was never married to Sibongile. Will
Kgotso be able to inherit? Your answer should make reference to any and all
prescribed judicial cases that are relevant and any or all legislative authority. This
question deals specifically with children born out of wedlock and their eligibility to
succeed. (10 marks)
5.2 A representative of the local iKhaya community approaches you for legal advice. The
royal family of the community wishes to appoint a new king. Write a short paragraph
advising your client in full by referring to following concepts: the time frame in which
the appointment has to be made, possible disqualifications and the role of the
premier. In your answer, you need to refer to the relevant section of the Traditional
Leadership and Governance Framework Act 41 of 2003. (10 marks)

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 ASSIGNMENT – 2023 SECOND SEMESTER
LAC500
AFRICAN CUSTOMARY LAW

Question 6 [20]
The requirement of lobolo is often a contentious issue in law. With reference to at least one
journal article and one judicially decided case, illustrate the role of lobolo in both the creation
and dissolution of a customary marriage
Marks will be awarded as follows:
o A good and concise introduction. (2 marks)
o A body that explains and illustrates the role of lobolo in both the creation and
dissolution of a customary marriage, in accordance with a journal article. (7 marks)
o Also, part of the body, a judicially decided case, that had to take into account lobolo
when it determined the validity of a marriage or what the effect of lobolo would be if
the marriage had to be dissolved. (8 marks). The 8 marks will be allocated as
follows: when referring to the case, you have to summarise the facts (2 marks),
explain the decision of the court (2 marks), give the reasons for the decision by the
court (2 marks) and illustrate the impact of the decision. (2 marks)
o Appropriate grammar and language use. (2 marks)
o Appropriate references where needed. (1 mark)
The prescribed referencing style of the Tydskrif vir Hedendaagse Romeins-Hollandse Reg
(THRHR) applies. The word limit is 2 000 words.

ASSIGNMENT TOTAL: [100]

Page 5 of Assignment