Exam (elaborations)
IND2601 EXAM PACK 2022
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IND2601 2022 EXAM PACKQuestion 1
The applicable Northern Sotho saying that signifies the fact that all parties to a case must
be present at the hearing is…………………….
A. Molato ga o rere mongwe (one debt is not heard by another)
B. Maebana, mabedi ga a rakwe (two doves cannot be followed at the same time)
C. Molato ga o lefiwe ka o mongwe (one debt is not settled by another)
D. Mpa e sekona ke moladi wa rona (a pregnancy is decided on with the sleeping partner)
Question 2
To define the court’s jurisdiction over persons in a traditional court, in Ex Parte Minister
of Native Affairs (1910 AD53), on the interpretation given to the term ‘resident’ the court
held that …………….
A. the issue to decide is one of place of residence only.
B. a person can only reside in one place at a time.
C. a person may be domiciled in one place and live in another.
D. a person must prove where they were domiciled to serve summons.
Question 3
The traditional leader’s powers to hear cases is limited to……
A. the place of domicilium of the parties.
B. the area in which the wrongdoing occurred.
C. the place where the wronged party resides.
D. the black people residing in the traditional leader’s jurisdiction.
Question 4
, Which statement does NOT indicate the inconsistencies brought about by the recognition
of traditional leadership in South Africa’s constitutional dispensation?
A. the establishment of the national and provincial houses of traditional leaders.
B. the general powers accorded to traditional leaders.
C. the conflict between the right to equality and the customary law male primogeniture
rule.
D. the electoral system for leadership positions in customary law.
Question 5
Which statement is NOT applicable to The Reform of Customary Law of Succession and
Regulation of Related Matters Act 11 of 2009? The Act….
A. amends rules of customary law that regulates the disposal of the property, which a
traditional leader held at death on behalf of a traditional community.
B. defines a woman-to-woman marriage as a practice that affords a widow to marry
another woman to raise an heir for her late husband.
C. affords a woman whom a deceased man entered into union with, for purposes of
providing children on behalf of his spouse to be considered a spouse for inheritance
purposes.
D. affords children adopted in accordance with customary law equal treatment as children
adopted under common law for inheritance purposes.
Question 6
R owns a vicious bull and everybody in the vicinity knows about it. R has blunted the bull’s
horns with a saw and put a ring through its nose. One day S accompanies R into the
latter’s cattle kraal. They are attacked by the bull. Before S can reach the gate of the
kraal, he is knocked over by the bull and sustains serious injuries. Is R criminally liable?
A. R is criminally liable for failing to warn S about the bull.
B. R is not criminally liable because it was an accident.
C. R took reasonable precautions by blunting the bull’s home with a saw and cannot be
criminally liable.
D. R is criminally liable because he knowingly took S into the kraal while being aware of
the possible danger.
Question 7
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