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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2636
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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Pearl, Hope you are well JA: The Lawyer will need to help

Customer Question

Hi Pearl, Hope you are well
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: The estate that I am living has a rule that you cannot slaughter for any cultural ceremony or otherwise. Is this constitutional?
JA: OK. The Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: I live in an estate in a full title house. The Code of Conduct rules prohibits any form of slaughtering, whether it is for cultural purposes or just for fun. I don't understand why anyone would slaughter for fun but I may find myself as a Zulu person having to slaughter for a traditional ceremony, Surely this rule is an infringement of my right to practice y culture?
JA: Is there anything else the Lawyer should be aware of?
Customer: Like?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.

Good morning,

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

This is an interesting question and one that gets asked quite regularly. There are a number of things to remember and to consider.

The short answer that yes, you have a constitutionally protected right to slaughter for cultural purposes. Your Estate rules do not infringe on this right at all - it merely infringes upon your right to do so in a specific location, ie in the estate.

This is a justifiable infringement upon your right - you can slaughter anywhere else (where it is allowed) but just not in the estate.

The fact that you chose to live in an estate means you willingly accepted the rules of the estate - one of which is "no slaughtering". There may be many other rules like "no pets" or "no businesses may be operated from the estate" or "no one is allowed to do mechanical work on their vehicles in the estate" etc. All of these are rights that are infringed upon, but such infringement is justified and acceptable.

What is a cultural ceremony to you may be offensive to your neighbours, and thus there are rules about certain things.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.


Expert:  Freddie Lombard replied 1 year ago.

Good afternoon,

This is just a quick note to follow up. Did you find my answer helpful? Is there anything else I can assist you with before you rate the service? Please note that I do not get paid if you do not rate.