IND2601
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provided.
, 1. Which statement is correct? People voluntarily observe legal rules and
the rules for living in African customary law because of the following
factors:
(1) the religious or sacral (holy) element of the law, private opinion and the
knowledge that if a person is harmed, that person will endeavour to get
compensation or will take measures to protect him or herself.
(2) the religious or sacral (holy) element of the law, the knowledge that
if a person is harmed, that person will endeavour to get compensation
or will take measures to protect him or herself, fear of punishment and
the fact that only the indigenous leaders in the community have a broad
general knowledge of the law.
(3) the religious or sacral (holy) element of the law, the knowledge that
if a person is harmed, that person will endeavour to get compensation
or will take measures to protect him or herself, public opinion, and fear
of punishment.
(4) the religious or sacral (holy) element of the law, the knowledge that
if a person is harmed, that person will endeavour to get compensation
or will take measures to protect him or herself, and the influence of the
police, courts and judges in the community.
(2)
2. Specialised and unspecialised systems are different because in the
unspecialised systems ….
(1) emphasis falls strongly on the group.
(2) a transgression of the law and legal rules will have certain, specific
consequences for the transgressors.
(3) relations are governed by law.
(4) decisions are only taken by the family head.
(2)
3. 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.
(2)
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,4. The concrete versus the abstract approach that is characteristic of
customary law means that…
(1) specialised legal systems adopt the abstract approach and
unspecialised legal systems are more concrete, real and visible in
approach.
(2) specialised legal systems are marked by visible acts such as signing
of a marriage register to signify the conclusion of a marriage contract.
(3) in specialised legal systems, performance or part performance is
required in the formulation of contracts.
(4) proof for adultery in specialised legal systems was obtained by
catching the culprit in the act and taking some of his personal
belongings.
(2)
5. One of the implications of section 211(3) of the Constitution of the
Republic of South Africa is that …
(1) the recognition and application of customary law is subject to legislation
that specifically deals with customary law.
(2) only customary courts may apply and therefore also recognise
customary law.
(3) the recognition and application of customary law is subject to the Black
Administration Act 38 of 1927.
(4) the Congress of Traditional Leaders of South Africa (CONTRALESA) will
determine when customary law is applicable.
(2)
6. 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.
(2)
7. 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.
(2)
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, 8. The conflict between customary law norms and provisions of
fundamental rights outlawing discrimination is….
(1) not specifically resolved by the Constitution.
(2) directly regulated by section 2 and 36(i) of the Constitution.
(3) directly regulated by section 5(8)(i) of the Constitution.
(4) specifically resolved by the provisions of section 8 and 39(i) of the
Constitution.
(2)
9. Which sentence below most accurately describes the effect of section 39
of the Constitution?
(1) When interpreting the Bill of Rights, a court, tribunal or forum must
consider foreign law.
(2) When interpreting the Bill of Rights, a court, tribunal or forum may
consider international law.
(3) When interpreting the Bill of Rights, a court, tribunal or forum must
promote the spirit, purport and objects thereof.
(4) When interpreting the Bill of Rights, a court, tribunal or forum may
promote the values that underlie an open and democratic society based
on human dignity, equality and freedom.
(2)
10. Which of the following factors influenced a person’s status in customary
law?
(1) wealth
(2) class
(3) popularity
(4) rank
(2)
11. 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 to 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.
(2)
12. Which of the following is NOT a requirement for a customary Union
marriage according to the Code of Zulu Law.
(1) A public declaration by the bride consenting to the customary marriage.
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