Choose only one of the four source materials listed in the question for the answer which is the source of the extract (answer) provided below. Where a norm appears from a tradition, and there is no indication that a contemporary development had occurred or is occurring, past practice will be sufficient to establish a rule. But where the contemporary practice of the community suggests that change has occurred, past practice alone is not enough and does not on its own establish a right with certainty, as the three-factor test set out above makes clear. Past practice will also not be decisive where the Constitution requires the development of the customary law in line with constitutional values. a. Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC) b. Mabuza v Mbatha 2003 (7) BCLR 43 (C) c. Gumede v President of the Republic of South Africa 2009 (3) BCLR 243 (CC) d. Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR (1) (CC)