IND2601 MCQ EXAM PACK 2026/2027 African
Customary Law – 150 Practice Questions with
Verified Answers A+ Graded
EXAM OVERVIEW
Category Details
Course Code IND2601 – African Customary Law
Institution University of South Africa (UNISA)
Exam Focus Characteristics of customary law, marriage, succession, courts, criminal law, constitutio
recognition
Question Multiple-choice
Format
Primary Constitution, Recognition of Customary Marriages Act, Reform of Customary Law of
Sources Succession Act, case law
SECTION 1: NATURE, CHARACTERISTICS & SOURCES OF CUSTOMARY LAW
Questions 1 – 25
1. The emphasis in African Customary Law is on:
A. Rights
B. Duties
C. Individual autonomy
D. Written contracts
,Rationale: African customary law places greater emphasis on duties rather than individual
rights. The group's well-being is prioritized over individual interests, and each member has
duties to the family and community .
2. The feature of customary law that depicts group orientation can be illustrated by
the fact that:
A. Most contracts are concluded between individual members of a family
B. The parties to a marriage contract are the family groups
C. A wrongdoer is always liable as an individual for their acts
D. Justice administration is entrusted to an appointed member of council
Rationale: In customary law, marriage is a contract between family groups rather than just
two individuals. This demonstrates the group-oriented nature of customary law, where
families and agnatic groups are the primary legal actors .
3. The concrete versus the abstract approach characteristic of customary law means
that:
A. While specialised legal systems adopt the abstract approach, unspecialised
legal systems are more concrete, real and visible in approach
B. Specialised legal systems are marked by visible acts such as signing a marriage
register
C. In specialised legal systems, performance or part performance is required in the
formulation of contracts
D. Proof for adultery in specialised legal systems was obtained by catching the
culprit in the act
Rationale: Unspecialised (customary) legal systems are characterized by concrete, visible
acts—such as the actual transfer of lobolo or public ceremonies—rather than abstract legal
formalities like signing documents .
4. Which of the following is NOT an example of customary law determinations?
A. The allocation or refusal of residential and agricultural land
B. Permission or refusal of immigration or emigration
C. Permission or refusal to gather natural products from communal land
, D. Allocation of a date to families to conduct burials of their family members
Rationale: Customary law determinations involve authoritative decisions by traditional
leaders on matters like land allocation and community governance. Allocating burial dates is
not typically considered a customary law determination .
5. The role of magico-religious conceptions in African customary law implies that:
A. There are supernatural powers at work that may be used as a person for his or
her own ends
B. After death a person continues to live in a spiritual world in the same way as on
earth
C. Disregard of or deviation from rules of living may lead to punishment by
supernatural powers derived from sorceries
D. The Holy Spirit is equivalent to ancestral powers that all human beings are
endowed with at death
Rationale: Magico-religious conceptions play a significant role in African customary law. It is
believed that deviation from established rules may result in supernatural punishment, which
reinforces observance of legal and social norms .
6. One of the implications of section 211(3) on the recognition of traditional leaders is
that:
A. All persons have a right to their language and cultural choice
B. The state has to allow the existence of institutions necessary to maintain people's
culture
C. The recognition and application of customary law is subject to the Bill of
Rights
D. Legislation recognising systems of personal and family law under any tradition
should be allowed by the state
Rationale: Section 211(3) of the Constitution mandates that courts must apply customary
law when applicable, but this is subject to the Constitution and the Bill of Rights. Customary
law must align with constitutional values .
7. The right to culture protected under sections 30 and 31 of the Constitution implies
that the state must:
, A. Preserve the existence and identity of cultural groups
B. Ensure that the recognition of customary law is subject to the Bill of Rights
C. Force all courts to apply and therefore recognise customary law
D. Determine and pass legislation specifically applicable to customary law
Rationale: Sections 30 and 31 protect the right to culture and require the state to preserve
the existence and identity of cultural groups. This includes respecting and protecting cultural
practices within constitutional limits .
8. The Constitution is the supreme law. One indication that fundamental rights have
priority over customary law is that:
A. Rights in the Bill of Rights may be limited by any law
B. Courts must promote the values that underlie an undemocratic society
C. The Bill of Rights is only applicable to customary law
D. The Constitution is the supreme law
Rationale: The Constitution's supremacy (section 2) means that all law, including customary
law, must be consistent with it. The Bill of Rights takes precedence over customary law
where there is a conflict .
9. Which of the following courts are NOT recognized in terms of the Constitution to
apply African customary law in South Africa?
A. The Supreme Court
B. Traditional Leader's Courts
C. The High Court
D. The Magistrate's Court (in all instances)
Rationale: Section 166 of the Constitution recognizes the Supreme Court, High Court, and
other courts established by legislation. Traditional leader's courts are recognized by
legislation. The Magistrate's Court is not specifically designated for customary law
application .
10. According to section 39 of the Constitution, when interpreting the Bill of Rights, a
court, tribunal or forum:
A. Must consider foreign law and the values of an open and democratic society
Customary Law – 150 Practice Questions with
Verified Answers A+ Graded
EXAM OVERVIEW
Category Details
Course Code IND2601 – African Customary Law
Institution University of South Africa (UNISA)
Exam Focus Characteristics of customary law, marriage, succession, courts, criminal law, constitutio
recognition
Question Multiple-choice
Format
Primary Constitution, Recognition of Customary Marriages Act, Reform of Customary Law of
Sources Succession Act, case law
SECTION 1: NATURE, CHARACTERISTICS & SOURCES OF CUSTOMARY LAW
Questions 1 – 25
1. The emphasis in African Customary Law is on:
A. Rights
B. Duties
C. Individual autonomy
D. Written contracts
,Rationale: African customary law places greater emphasis on duties rather than individual
rights. The group's well-being is prioritized over individual interests, and each member has
duties to the family and community .
2. The feature of customary law that depicts group orientation can be illustrated by
the fact that:
A. Most contracts are concluded between individual members of a family
B. The parties to a marriage contract are the family groups
C. A wrongdoer is always liable as an individual for their acts
D. Justice administration is entrusted to an appointed member of council
Rationale: In customary law, marriage is a contract between family groups rather than just
two individuals. This demonstrates the group-oriented nature of customary law, where
families and agnatic groups are the primary legal actors .
3. The concrete versus the abstract approach characteristic of customary law means
that:
A. While specialised legal systems adopt the abstract approach, unspecialised
legal systems are more concrete, real and visible in approach
B. Specialised legal systems are marked by visible acts such as signing a marriage
register
C. In specialised legal systems, performance or part performance is required in the
formulation of contracts
D. Proof for adultery in specialised legal systems was obtained by catching the
culprit in the act
Rationale: Unspecialised (customary) legal systems are characterized by concrete, visible
acts—such as the actual transfer of lobolo or public ceremonies—rather than abstract legal
formalities like signing documents .
4. Which of the following is NOT an example of customary law determinations?
A. The allocation or refusal of residential and agricultural land
B. Permission or refusal of immigration or emigration
C. Permission or refusal to gather natural products from communal land
, D. Allocation of a date to families to conduct burials of their family members
Rationale: Customary law determinations involve authoritative decisions by traditional
leaders on matters like land allocation and community governance. Allocating burial dates is
not typically considered a customary law determination .
5. The role of magico-religious conceptions in African customary law implies that:
A. There are supernatural powers at work that may be used as a person for his or
her own ends
B. After death a person continues to live in a spiritual world in the same way as on
earth
C. Disregard of or deviation from rules of living may lead to punishment by
supernatural powers derived from sorceries
D. The Holy Spirit is equivalent to ancestral powers that all human beings are
endowed with at death
Rationale: Magico-religious conceptions play a significant role in African customary law. It is
believed that deviation from established rules may result in supernatural punishment, which
reinforces observance of legal and social norms .
6. One of the implications of section 211(3) on the recognition of traditional leaders is
that:
A. All persons have a right to their language and cultural choice
B. The state has to allow the existence of institutions necessary to maintain people's
culture
C. The recognition and application of customary law is subject to the Bill of
Rights
D. Legislation recognising systems of personal and family law under any tradition
should be allowed by the state
Rationale: Section 211(3) of the Constitution mandates that courts must apply customary
law when applicable, but this is subject to the Constitution and the Bill of Rights. Customary
law must align with constitutional values .
7. The right to culture protected under sections 30 and 31 of the Constitution implies
that the state must:
, A. Preserve the existence and identity of cultural groups
B. Ensure that the recognition of customary law is subject to the Bill of Rights
C. Force all courts to apply and therefore recognise customary law
D. Determine and pass legislation specifically applicable to customary law
Rationale: Sections 30 and 31 protect the right to culture and require the state to preserve
the existence and identity of cultural groups. This includes respecting and protecting cultural
practices within constitutional limits .
8. The Constitution is the supreme law. One indication that fundamental rights have
priority over customary law is that:
A. Rights in the Bill of Rights may be limited by any law
B. Courts must promote the values that underlie an undemocratic society
C. The Bill of Rights is only applicable to customary law
D. The Constitution is the supreme law
Rationale: The Constitution's supremacy (section 2) means that all law, including customary
law, must be consistent with it. The Bill of Rights takes precedence over customary law
where there is a conflict .
9. Which of the following courts are NOT recognized in terms of the Constitution to
apply African customary law in South Africa?
A. The Supreme Court
B. Traditional Leader's Courts
C. The High Court
D. The Magistrate's Court (in all instances)
Rationale: Section 166 of the Constitution recognizes the Supreme Court, High Court, and
other courts established by legislation. Traditional leader's courts are recognized by
legislation. The Magistrate's Court is not specifically designated for customary law
application .
10. According to section 39 of the Constitution, when interpreting the Bill of Rights, a
court, tribunal or forum:
A. Must consider foreign law and the values of an open and democratic society
