IND2601-
Memos. Detailed working, solutions, memo, notes & explanations.2020-06, assignment 02
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...
,2020-06, assignment 02
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.
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
Question 11
The effect of the ruling in the case of Gumede v President of the RSA 2009 (3) SA
152 (CC) is that
1) The proprietary consequences of marriages only entered before the commencement
of the Act are now in community of profit
2) Both spouses in all customary marriage have split control over marriage property
3) Proprietary consequences of marriages entered before and after the commencement
of the Act are in community of property.
4) None of the above is applicable
Question 12
Which of the following traditional leadership positions in is NOT recognized in
law?
1) Kingship –or Queenship.
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