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IND2601 MCQ EXAM PACK 2022
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IND2601 MCQ EXAM PACK 2022MCQ QUESTIONS
1) MCQ QUESTION
Indigenous African people observe legal rules and most rules for living, due to
factors such as….
1) Faithfulness to Christian values
2) Fear of law-enforcing organs such as the police
3) Public opinion and the fear of punishment
4) The availability of courts and judges
2) MCQ QUESTION
Specialised and unspecialised systems are similar because…..
1) Emphasis falls strongly on the group
2) The relations governed by law are the same
3) Concrete evidence is very important
4) Law originates with the ancestors
3) MCQ QUESTION
Which of the following factors influenced a person’s status in customary law?
1) Wealth
2) Class
3) Popularity
4) Rank
4) MCQ QUESTION
A customary marriage can only be dissolved….
1) On the grounds of irretrievable breakdown of the marriage
2) By a family court, or a competent division of the High Court or a divorce court,
or an equality court
3) By the death of one of the spouses
4) If the court is satisfied that one of the parties has committed adultery resulting
to the birth of a child
5) MCQ QUESTION
Which of the following court are NOT recognised in terms of the Constitution
to apply indigenous law in South Africa?
1) Courts of Traditional Leaders
2) Magistrate Courts
3) Labour Courts
4) The Supreme Court
,6) MCQ QUESTION
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 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
7) MCQ QUESTION
The following are some of the main principles of the customary law court
1) Only adult males are free to attend the court sessions
2) The sessions of indigenous courts are held in private
3) All parties must be represented during trials
4) The onus is on the accused to prove his innocence in court
8) MCQ QUESTION
Succession to traditional leadership in African customary law….
1) Follows the principle of primogeniture
2) Is gender neutral
3) Is a hereditary system which follows the patrilineage
4) Only happens where the traditional leader dies without brothers
9) MCQ QUESTION
Which of the following is NOT an example of indigenous law determinations?
1) The allocation or refusal of residential and agricultural land
2) The permission or refusal of immigration or emigration
3) The permission or refusal to gather natural products from communal land
4) The allocation of date to families for burial purposes
10) MCQ QUESTION
In terms of the 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
,11) MCQ QUESTION
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
12) MCQ QUESTION
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
13) MCQ QUESTION
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 instruct the lover to
proceed with the marriage
4) The man pays too much attention to other women and neglects his betrothed
and her family
14) MCQ QUESTION
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
, 15) MCQ QUESTION
The right to culture that is protected under section 30 and 31 of the
Constitution implies that the state must…
1) Force all courts to apply and therefore recognise customary law
2) Ensure that the recognition of customary law is subject to the Bill of
Rights
3) Preserve the existence and identity of cultural groups
4) Determine and pass legislation that is specifically applicable to customary law
16) MCQ QUESTION
“Customary law means the customs and usages traditionally observed among
indigenous African peoples of South Africa and which form part of the culture
of those people”. This definition is found in….
1) Section 1 of the Recognition of Customary Marriages Act 120 of 1998
2) Section1 of the Traditional Leadership and Governance Framework Act 41 of
2003
3) Section 1 of the Reform of Customary Law of Succession and Regulation of
Related Matters Act 11 of 2009
4) Section 1 of the Black Administration Act 38 of 1927
17) MCQ QUESTION
In customary law…
1) A successor succeeds to the assets and all the debts of his predecessor in
KwaZulu-Natal
2) Succession is a duty that can be relinquished or ceded
3) A successor may never be removed from the line of succession i.e. disinherited
4) Succession takes place only on the death of a predecessor, there is thus
no question of succession while the family head is still alive
18) MCQ QUESTION
Indicate which statement is NOT correct. According to African customary
law….
1) The head of an agnatic group is always liable for the conduct of members of his
group
2) A stick-fight is not a recognized cultural institution and therefore injuries
sustained during such a fight would be unlawful and tantamount to
assault.
3) It is accepted that a person may forcibly defend himself or his property, or other
persons or their property, against an unlawful attack without being criminally
liable
4) A small child and an insane person are not criminally liable for their unlawful
conduct
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