IND2601 Study Notes. Detailed working, solutions, memo, notes & explanations.SEMESTER 1 2020
Question 1
“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...
Question 1
“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) Section 1 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.
Question 2
The characteristic of customary law that is expressed as group versus individual orientation
means that…
1) emphasis of the law is placed on the parties concerned in a dispute
2) although the family head was nominally the owner of the family property, he was not liable for debts
of the other members of the family home
3) individuals function within the context of the group to which they belong
4) the rights emanating from the seduction of a girl could only be claimed from the perpetrator by herself
to the exclusion of family members
Question 3
Which of the following are some of the known presumptions in indigenous law?
1) The children of a married woman are the children of her husband.
2) An adult is insane until there is evidence to the contrary.
3) A person may voluntarily entrust pieces of personal clothing to a stranger.
4) A person may voluntarily lie prostrate to be hit at the back.
Question 4
The group has identified a leader amongst them and wish to appoint him as a senior traditional
leader in their new community. Whom can they approach to make the appointment?
1) The President of South Africa.
2) The Premier of their Province.
3) The Provincial House of Traditional Leaders
4) The National House of Traditional Leaders.
,Question 5
Which statement illustrates some of the steps that need to be taken by the appointing authority
in effecting the appointment?
1) Notify the previous traditional leader of the intention to recognise and appoint the new leader.
2) Publish the appointment in the Government Gazette.
3) Notify the National House of Traditional leaders.
4) Send a copy of the letter of appointment to the office of the President of the Republic of South Africa.
20
, Question 6
The conflict between customary law norms and provisions of fundamental rights outlawing
discrimination….
1) is not specifically resolved by the Constitution
2) is directly regulated by section 2 and 36(i) of the Constitution
3) is directly regulated by section 5(8)(i) of the Constitution
4) is specifically resolved by the provisions of section 8 and 39(i) of the Constitution
Question 7
The effect of the decision taken in the Moseneke case was that between 2002 and 2004, an
intestate estate of a black person reported to the Master was administered in terms of …
1) customary law.
2) native law.
3) zulu code.
4) common law.
Question 8
Ukuvusa custom may be applied if …
1) a married man dies childless.
2) an unmarried male dies.
3) a female dies childless.
4) the wife cannot bear children.
Question 9
The Recognition of Customary Marriages Act 120 of 1998 recognizes polygynous marriages,
defined as …………………..
1) a woman marrying more than one man.
2) a man marrying more than one woman.
3) a woman marrying another woman.
4) a man marrying not more than one woman.
Question 10
House property includes
1) Property of the family head’s mother ‘s house to which he has succeeded
2) Earnings of the family head through his occupation
3) Property acquired by an individual personally
4) Marriage goods (lobolo) received for the daughters
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