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QUESTIONS AND ANSWERS FROM LESSON
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1. One of the main objects of dispute resolution in customary law is to …a. Reconcile the parties.
b. Determine the guilty party.
c. Punish the guilty party.
d. Share a meal after the trial.
2. Mangangahlaa is a levy which the court orders when…
a. An unmarried man impregnates a married woman.
b. The perpetrator of a crime is found guilty of lying to the court.
c. The court requires compensation for the time its members have spent on the case.
d. The court is required to use the services of a diviner to determine if a crime has been
committed.
3. In terms of Xhosa custom, the use of umsila is required when…
a. A sentenced party refuses to pay the fine or compensation owing within a reasonable
time.
b. A girl has been kidnapped from her home for the purposes of marriage.
c. A person has been sentence ed to corporeal punishment.
d. A person has been sentenced to banishment from the community.
4. In terms of court procedure in customary courts, an in situ investigation refers to
…
a. Cross -examination and questioning in court.
b. The use of extra-judicial methods of proof.
c. Investigations where the offence took place.
d. The court requiring physical evidence.
5. A traditional leader may hear and decide civil cases …
a. Which are instituted by black people against black people.
b. Of people residing anywhere in South Africa.
c. Concerning nullity, divorce or separation in respect of a civil marriage between black
people.
d. Involving offences of murder in their communities.
6. The concept of Mendacity refers to …
a. A person telling lies in court.
b. The expiration of a debt.
c. A person escaping punishment from the court.
d. The court’s duty to cross-examine and cross examination
7. If a party is dissatisfied with the decision of the headman’s court, the dissatisfied
party may ask that the case be…
a. Retried
, b. Dismissed
c. Referred to the chief’s court
d. Appealed to a Magistrate’s court
8. In customary criminal cases, it was decided in R v Buthelezi that…
a. A case may be decided in the defendant’s absence
b. Judgement by default applies but punishment contempt of court will not apply
c. The absent party must be held in contempt of court.
d. A person may not be sentenced in their absence
9. 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.
10. In a trial proceeding, the onus is on the…
a. Accused to prove their innocence.
b. Victim to prove harm suffered.
c. Traditional court to prove wrongdoing.
d. Legal representative of the victim to prove guilt.
11. Choose the correct statement. The provisions in the Black Administration Act 38
of 1938 regulating traditional courts that were not repealed in 2005 relate to…
a. Establishment, jurisdiction and punishment
b. Procedural rules, jurisdiction and appeals
c. Establishment, sentencing and procedural rules
d. Procedural rules, jurisdiction and establishment of the courts
12. The continuation of the courts of traditional authorities are, by implication,
guaranteed by section …… of the constitution.
a. 211(3) and (1)
b. 211(2) and (3)
c. 211(1) and (2)
d. 211(1) and (4)
13. The applicable Northern Sotho saying that signifies the fact that all parties to a
case must be present at the hearing is ….
a. Mpa e sekiwa ke moladi wa rona ( a pregnancy is decided on with the sleeping
partner)
b. Molato ga o rere o mongwe (one debt is not heard by another)
c. Molato ga o lefiwe ka o mongwe (one debt is not settled by another)
d. Maebana, mabedi ga a rakwe (two doves cannot be followed at the same
time)
, 14. Choose the statement NOT applicable to the lodgement procedure of cases
before a customary law court.
a. A party may refer a case to the chief’s court if dissatisfied with the outcome of
a headmen’s court
b. Where a case is complicated for the headmen’s court, it may be referred to the
chief’s court
c. The chief personally receives and sets a trial date for the trial when a case is
lodged.
d. The procedure in the chief’s court does not differ from that in the headmen’s
court
15. The inquisitorial nature of the court proceedings means that …
a. Parties and their witnesses are given a specific opportunity to submit evidence
to the court
b. It is the court’s duty to try to establish the truth through questioning and cross
examination
c. The court can make a ruling on evidence even if unsubstantiated.
d. The court does not accept extra-judicial methods of proof to establish the truth
1.Which of the following statement refers to the formulation of intent?
A) If a mentally ill person stabs another to death.
B) If a person harms another person in their sleep.
C) If an adult leaves a boiling pot unaccompanied and a child is hurt.
D) If a neighbor rapes his neighbour’s child.
2.In African customary law… is an example of a crime that can defile a community.
A) contempt of the ruler.
B) ukuthwala (bride kidnapping).
C) stock theft.
D) Rape.
3.The difference between a crime and a delict is that…
A) in a crime the community is harmed, whereas in a delict individuals or an agnatic group
is harmed.
B) in a crime the individuals are harmed, whereas in a delict the community is harmed.
C) with a crime the property of an individual or group is affected whereas in a delict public
property is affected.
D) a delict applies only to property whereas a crime can be committed against people.
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