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AFRICAN CUSTOMARY LAWLEAD – UNISA
SEMESTER 01 – ASSIGNMENT 02
NOTES
,1. This principle advances the needs and the interests of the group above than that of the individual.
• A. Communitarianism
• B. Liberalism
• C. Democracy
• D. None of these
2. ______ is an ancient custom. It is sometimes known as the levirate custom and one reads of this custom in the
Bible (Genesis 38): “And Er, Judah’s first-born, was wicked in the sight of the Lord; and the Lord slew him. And Judah
said unto Onan, go in unto thy brother’s wife, and raise up seed to thy brother.”
• A. Ukuthwala
• B. Ukungena
• C. Ukumekeza
• D. Ukuhewula
3. Section ____ of the Natal Code defines ukuvusa as a form of vicarious union whereby the heir at law or other
responsible person uses his own property or property belonging to the deceased to take a wife for the purpose of
increasing or resuscitating the estate of such deceased person or to perpetuate his name and provide him with an heir.
• A. 1(3)(b)
• B. 1(3)(t)
• C. 1(3)(r)
• D. 1(3 (m)
4. The term “family head” generally, unless the contrary is apparent, denotes the head of the family, namely, a
black male who has married one or more wives by customary rites, and may and does include the head of the family,
being his heir or, if the heir is a minor, the legal guardian of the heir until the latter becomes emancipated” (Seymour’s
Customary Law in Southern Africa, (1989) 71). In the current legal dispensation it is no longer tenable to confine family
headship to males only. Although the courts have not expressed themselves in the matter, it may be safely assumed
that women may also be regarded as family heads. This is based on the fact that in terms of __________ of the Bill of
Rights, nobody may unfairly discriminate against anyone on, among others, the grounds of gender or sex.
• A. Section 9(3)
• B. Section 9(3) and (4)
• C. Section 9(4)
• D. Section 9(2) and (4)
5. In ___________________________________________ the court held that customary law can be established by
reference to writers on indigenous law and other authorities and sources, and may include the evidence of witnesses if
necessary. Caution is to be exercised when dealing with textbooks and old authorities because of a tendency to view
indigenous law through the prism of legal conceptions that were foreign to it. In the course of establishing indigenous
law, courts may also be confronted with conflicting views on what indigenous law on a subject provides.
, • A. Shilubana and Others v Nwamitwa
• B. Alexkor Ltd and Another v Richtersveld Community and Others
• C. Bhe and Others v Magistrate
• D. Ngcobo v Ngcobo
6. ______ is a custom whereby a girl is removed from her family home to the home of the man’s father in an
attempt to initiate marriage negotiations.
• A. Ukuthwala
• B. Ukwethula
• C. Ukumekeza
• D. Ikhazi
7. Customary law is mostly based on communal land tenure. “_______ land” in this sense means land that is
occupied or used by members of a community subject to the rules or custom of that community. Bearing in mind our
historical past, communal land is land that was previously set aside for occupation by African people under the Black
Lands Act 27 of 1913 (scheduled areas) and the Development and Trust Land Act 18 of 1936, (released areas).
• A. Communal
• B. Tribal
• C. None of these
• D. State
8. Ancestral spirits are usually only referred to in the plural (_______).
• A. Xhosa: amathongo; isiZulu: amadlozi; siSwati: madloti; Sotho and Tswana: badimo; Tsonga:
swikwembu; Venda: mezimu
• B. Xhosa: amathongo; isiZulu: amadlozi
• C. siSwati: madloti; Sotho and Tswana: badimo
• D. Tsonga: swikwembu; Venda: mezimu
9. Whenever a dispute or claim concerning customary law or customs arises between or within traditional
communities or other customary institutions on a matter arising from the implementation of the Act, four avenues have
been created to resolve such dispute. Their aid to resolve the dispute must be sought in the following sequence:
Members of the community and traditional leaders; The provincial house of traditional leaders; The premier of the
province; and The Commission on Traditional Leadership Disputes and Claims (the commission). See
__________________.
• A. Alexkor Ltd and Another v Richtersveld Community and Others (CCT19/03) [2003] ZACC 18; 2004 (5) SA
460 (CC); 2003 (12) BCLR 1301 (CC) (14 October 2003)
• B. Da Silva v Road Accident Fund and another 2014 (5) SA 573 (CC)
• C. Pilane v Pilane 2013 (4) BCLR 431 (CC)
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