Which of the following is a constitutionally acceptable form of punishment in African
customary law?
A. Public flogging
B. Banishment
C. A fine
D. Imprisonment
Question 2
The difference between customary civil cases and customary criminal cases are that in
criminal cases…
A. the criminal actions are instituted against the offender by the traditional authority
B. the parties are referred to as the complaint and the plaintiff.
C. actions can be instituted for the reparation of damage.
D. punishment may be in the form of retributive justice.
Question 3
The group has identified a leader amongst them and wishes to appoint him as a senior
traditional leader in their new community. Who can they approach to make the
appointment?
, lOMoAR cPSD| 18998289
A. The Premier of their province B.
The President of South Africa
C. The Provincial House of Traditional Leaders
D. The National House of Traditional Leader
Question 4
Which of the following is NOT an example of house property?
A. Crops of the fields belonging to the house
B. Property that the family head has earned through his occupation
C. Compensation for the wife’s adultery or the seduction of any of the daughters
D. Marriage goods (lobolo) received for the daughters of the house.
Question 5
A traditional leader…
A. is competent to hear any crime in accordance with common law, African customary
law or any statutory crime referred to by the Minister
B. is prevented from punishing any person, including a non-black, for contempt of his
court in facie curiae (in the face of the court)
C. may impose a punishment which entails death, mutilation, grievous bodily harm or
imprisonment.
D. may decide on any matter concerning nullity, divorce or separation in respect of civil
marriage between black people.
, lOMoAR cPSD| 18998289
Question 6
The period within which a sentence of a customary court may be enforced in terms of
formal law is…
A. 30 days after registration of the court judgement with the local magistrate
B. directly after the African customary court session
C. after the parties have shared a reconciliatory meal
D. if the notice of appeal has been received within 30 days after court registration
Question 7
The presently accepted definition of customary law is held to be…
A. the law that governs indigenous African people prior to colonial regulation in terms of
the Black Administration Act 38 of 1927
B. the customs and usages traditionally observed by all the citizens of South Africa and
forms the traditional practices of those people.
C. the customs and usages traditionally observed among the indigenous African
customary people in South Africa which form a part of the culture of those people.
D. the law that governs the relationship between and indigenous community and subjects
Question 8
One of the main objects of dispute resolution in customary law is to… A.
reconcile the parties.
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