HFL1501 - Historical Foundations Of South African Law (HFL1501)
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HFL1501
EXAM
PACK 2023
QUESTIONS WITH
ANSWERS
Email: musyokah11@gmail.com
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Question 1
Specialised and unspecialised systems are different because in the unspecialised
systems…. .
1) Emphasis falls strongly on the group.
2) A transgression of the law and legal rules will have certain, specific consequences
for the transgressors
3) Relations are governed by law
4) Decisions are only taken by the family head.
Question 2
One of the indications that fundamental rights have priority over customary law is
that the………………………….
1) Rights in the Bill of Rights may be limited by any law.
2) Courts must promote the values that underlie an undemocratic society.
3) Bill of Rights is only applicable to customary law.
4) Constitution is the supreme law.
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Question 3
The betrothal agreement……………………………..
1) Is an enforceable contract in customary law?
2) Cannot be repudiated or terminated at any time.
3) Gives rise to a claim for breach of contract, in cases where it is terminated.
4) Creates certain rights and duties for the parties involved.
Question 4
In customary law, succession……………………
1) Takes place on the death of the principal wife.
2) Follows the principle of primogeniture.
3) Is a duty that cannot be relinquished or ceded?
4) Prevents a family head from transferring a younger son from one house to another
house without a son during his lifetime.
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Question 5
A woman in customary law………………….
1) May never inherit property from her deceased father.
2) Has equal status and capacity with her husband in a customary marriage.
3) Cannot acquire and dispose of assets if she is a wife in a customary marriage.
4) Can succeed to the position of family head at her husband’s discretion.
Question 6
Which of the following statements apply to the ukutheleka custom?
1) It is practised by some Sotho tribes
2) It entails that the wife is “kidnapped” by her people
3) It is used for the maintenance of the woman
4) It means that the lobolo is delivered in instalments.
Question 7
Which of the following is an element of a crime in customary law?
1) The act must be performed in broad daylight.
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