Activity 2 1. Briefly discuss the status and place of customary law in our legal system according to the view expressed in Bhe v Magistrate Khayelitsha, etc. (paragraphs 40 - 46). 2. Name the different options available to the court in Bhe v Magistrate Khayelitsha, etc. where a conflict between customary law and certain fundamental rights was in issue. 3. Discuss the role of the courts (judicial review) in solving conflict between customary law and the Constitution. Refer to the views of writers, examples from case law and section 39(2) of the Constitution. 4. Discuss the role of the legislator in solving a conflict between customary law and the Constitution. Refer to examples. 5. Briefly explain why the primogeniture rule of the customary law of succession and section 23 of the Black Administration Act (and the regulations thereunder) were declared unconstitutional by the court in Bhe v Magistrate, Khayelitsha. 6. Briefly explain the importance of Alexkor Ltd v Richtersveld Community 2004 5 SA 460 CC for indigenous (customary) law. (See paragraphs 50 - 54 of the case)