MCQ exam prep for IND2601.
2014 f
Semester 1
Semester 2
May - June
October – November
Question 1
Specialised and unspecialised systems are different because in the unspecialised
systems
1. Emphasis falls on the group
2. A transgression of the law and legal rules will contain, specific c...
, 2014 f
Semester 1
Semester 2
May - June
October – November
Question 1
Specialised and unspecialised systems are different because in the unspecialised
systems
1. Emphasis falls on the group
2. A transgression of the law and legal rules will contain, 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 may be limited by law
2. Courts must promote the values that underlie an undemocratic society
3. Bill of Rights is only applicable in customary law
4. Constitution is supreme law
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 the house to another
house without a son during his lifetime
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 practiced 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
Section 211(3) of the 1996 Constitution has the following implications
1. The recognition and application of customary law is subject to the Bill of Rights
2. All courts may apply and must recognise customary law
3. It is not necessary for judges to have any formal training in customary law
4. The recognition and application of customary law is subject to general legislation
Question 8
In terms of Traditional Leadership and Governance Framework Act 41 of 2003, the power to
appoint a king vests with
1. The president
2. The premiers of the different provinces
3. The National House of Traditional Leaders
4. Parliament
Question 9
The ukungena custom is applied where
1. The husband is incapable of having children
2. The husband dies without a son
3. The tribal wife dies without a son
4. The tribal wife is incapable of having children
Question 10
Which of the following will the premier of the province engage in to recognise a senior
traditional leader, headman or headwoman?
1. Issues a note in the provincial gazette recognizing the person so identified
2. Call a tribal council meeting to announce the appointment
, 3. Appoint the particular traditional leader to the relevant House of Traditional leaders
4. Organise a celebration of the appointment in the community
2015
May - June
Question 1
People voluntarily observe legal rules and the rules for living in African customary law
because of the following factors:
1. The religious or sacral (holy) element of the law, private opinion and the knowledge
that if a person is harmed, that person will endeavor to get compensation or will take
measures to protect him or herself.
2. The religious or sacral (holy) element of the law, the knowledge that if a person is
harmed, that person will endeavor to get compensation or will take measures to
protect him or herself, fear of punishment and the fact that only the indigenous
leaders in the community have a broad general knowledge of the law
3. The religious or sacral (holy) element of the law, the knowledge that if a person is
harmed, that person will endeavor to get compensation or will take measures to
protect him or herself, public opinion, and fear of punishment
4. The religious or sacral (holy) element of the law, the knowledge that if a person is
harmed, that person will endeavor to get compensation or will take measures to
protect him or herself, and the influence of the police, courts and judges in the
community
Question 2
One of the implications of section 211(3) of the Constitution of the Republic of South Africa is
that …..
1. The recognition and application of customary law is subject to legislation that
specifically deals with customary law
2. Only customary courts may apply and therefore also recognise customary law
3. The recognition and application of customary law is subject to the Black
Administration Act 38 of 1927
4. The Congress of Traditional Leaders of South Africa (CONTRALLESA) will determine
when customary law is applicable
Question 3
Indicate which statement is NOT correct. The following can be regarded as good cause for a
woman to terminate a betrothal agreement unilaterally:
1. The man enters into an indigenous marriage with another woman during the betrothal
period
2. The man’s morality, where a polygamous marriage was contemplated provided the
woman condones this
3. Continuous neglect, so that the woman’s guardian has to instruct the lover to proceed
with the marriage
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