Section 39(2) of the Constitution of the Republic of South Africa, 1996 states:
“When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights.”
Study this provision carefully and read through Part 1 of your Study Guide. Remember that “customary law” here refers to indigenous African law. Keeping in mind what you have learned in this module so far, which one of the following interpretations is an incorrect interpretation of section 39(2)?

Question

Section 39(2) of the Constitution of the Republic of South Africa, 1996 states: 
 “When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights.” 
 Study this provision carefully and read through Part 1 of your Study Guide. Remember that “customary law” here refers to indigenous African law. Keeping in mind what you have learned in this module so far, which one of the following interpretations is an incorrect interpretation of section 39(2)?

Answer

The Constitution compels the courts to develop indigenous African law in line with the spirit of the Bill of Rights

Answer

Constitution compels the courts to develop the common law in line with the spirit of the Bill of Rights.

Answer

The Constitution disregards indigenous African law as a source of South African law.

Answer

The Constitution recognises the common law as a source of South African law.

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Section 39(2) of the Constitution of the Republic of South Africa, 1996 states: ...

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