3. Which of the following statements apply to the ukutheleka custom?
1) It is practised by all 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.
4. In terms of the Recognition of Customary Marriages Act…..
1) marriages not registered in terms of the Act are void.
2) parties to an unregistered marriage are liable to a fine.
3) Unregistered marriages are awarded the status of a union.
4) the customary marriage is not void for failure to register.
5. A customary marriage can only be dissolved …
, 1) by the death of one of the spouses.
2) by a family court, or a competent division of the High court or a divorce court or
an equality court.
3) on the ground of irretrievable breakdown of the marriage.
4) if the court is satisfied that one of the parties has committed adultery resulting
to the birth of a child.
6. Which of the following factors influenced a person’s status in customary law?
1) wealth
2) rank
3) popularity
4) class
7. In the case of Bhe and Others v Magistrate, Khayelitsha, and Others
(Commission for Gender Equality as Amicus Curiae) 2005 (1) BCLR 1 (CC), the
court declared the whole of section 23 of the Black Administration Act 38 of 1927
and the regulations promulgated thereunder to be unconstitutional and invalid
because…
1) the Act was manifestly racist in its purpose and effect because it discriminated
on the grounds of race and colour.
2) the combined effect of section 23 and the regulations was to put in place a
succession scheme which discriminated on the basis of race and colour
applying only to white people.
3) the discrimination it perpetrated was an affront to the dignity of white persons.
4) it was inconsistent with the right to life guaranteed in section 11 of the
Constitution.
8. Which statement is NOT applicable to The Reform of Customary Law of
Succession and Regulation of Related Matters Act 11 of 2009? The Act
1) Affords children adopted in accordance with customary law equal treatment as
children adopted under common law for inheritance purposes.
2) 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.
, 3) 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.
4) 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.
9. The inquisitorial nature in court process means that the court ….
1) Plays an active part in examining the parties and witnesses in order to
determine the truth.
2) All evidence is admissible and is judged on the merits of the court.
3) Evidence is presented orally in a statement made in court by a party or witness.
4) Any person present in court may submit further evidence in support of evidence
given.
10. In African customary law… is an example of a crime that can defile a
community.
1) contempt of the ruler
2) rape
3) stock theft
4) ukuthwala (bride kidnapping)
11. In African customary law, intent is NOT imputed to…..
1) a bewitched person.
2) an uncircumcised person.
3) intoxicated or drugged person.
4) a child of stock herding age.
12. Which of the following will the Premier of a province engage in to recognise
a senior traditional leader, headman or headwoman?
1) issue a notice in the provincial gazette recognising 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
13. The traditional private council membership is composed of
, 1) all ward heads and the ruling family of the community.
2) all adult men of the traditional community.
3) adhoc membership varying according to the Leader’s nominees.
4) adult men and women of the traditional community.
14. Some of the powers and duties of the National House of Traditional Leaders
include that
1) it must be consulted on provincial government development programs that
effect ordinary communities.
2) it must enhance co-operation between the House and the various provincial
houses with a view to addressing matters of common interest.
3) it may perform tasks as may be determined by a member of the national Cabinet
or as may be provided for in national legislation.
4) it may consider Parliamentary Bills referred to it by the Secretary to Parliament
in terms of section 18 of the Traditional Leadership and Governance
Framework Act 41 of 2003.
15. The requirements for the reasonableness of an administrative order of a
traditional leader include the following. Which of these does NOT define the
reasonableness of the order?
1) The consequences and effect of the order must be possible.
2) The rights and freedom of subjects must not be exceedingly burdened by the
exercise of discretion.
3) The consequences and effect of the order must distinguish between age
regiments.
4) There must be no discrimination between individuals or groups, except where
the law permits.
2020/02
Question 1
One of the indications that fundamental rights have priority over customary law
is that the…
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