Question 1 (i) Critically evaluate the extent of the success of the courts, in their transformative efforts to achieve the customary law that is envisioned by the Constitution, in Mabena v Letsoalo 1998 (2) SA 1068 (T) and Mabuza v Mbatha 2003 (7) BCLR 43 (C)

(ii) With reference to the Covid 19 pandemic and how it is being handled by South Africans in general, and by the authorities in particular, comment on whether and how the principle of umuntu ngumuntu ngabantu has found expression, having regard to the handling of the applicable attributes of ubuntu. (5) [10]

Question 2 Suppose you are an Africanist legal academic analysing the judgments in Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC) and Bhe v Magistrate Khayelisha and Others 2005 (1) BCLR. With reference to the facts and the legal issues that were raised in each case, examine what you found to be novel developments, if any; and why you consider them to be either 8 compatible or incompatible with the idea of decolonising the South African legal system(10)