Question $4$

$(15$ Marks$)$

Since the Constitution came into operation, the Constitutional Court has considered section $211$ of the Constitution of the Republic of South Africa, $1996,$ on several occasions. Some of these cases are related to the institution of traditional leadership, and others are not.

Source: De Vos, P$.,$ Freedman, W$.,$ Boggenpoel Z$.,$ Draga, L$.,$ Gevers, C$.,$ Govender, K$.,$ Lenaghan, P$.,$ Mnisi Weeks, S$.,$ Namakula, C$.$S$.,$ Ntlama, N$.,$ Mailula, D$.,$ Moyo, K$.,$ Sibanda, S$.$ & Stone, L$.2021.$ South African Constitutional Law in Context. $2^{nd}$ edition. South Africa: Oxford University Press.

Required:

Critically discuss the test that the Constitutional Court developed to determine the content of a customary law rule, as well as the criticism levelled against the Constitutional Court to allow traditional communities to transform their own customary law rules or own system of customary law. Refer to relevant legislation, the views of academic writers, and case law.