,IND2601 MCQ EXAM PACK
DETAILED QUESTION AND CORRECT ANSWERS
WITH EXPLANATION PROVIDED
QUESTION 1
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 customary court session
✅ C) If no notice of appeal has been received within 30 days
after court registration
D) After the parties have shared a reconciliatory meal
Explanation:
A customary court sentence becomes enforceable under formal
law once it has been registered with a magistrate’s court and the
30-day appeal period has lapsed without any appeal being
lodged. This ensures due process.
Authority:
Customary Law Courts Act (relevant provincial legislation)
Bekker et al. (2021) Introduction to Legal Pluralism in
South Africa, 5th ed.
QUESTION 2
, In Southern Africa’s customary law, the offences that are
harmful to the community…
A) Can only be decided in certain selected customary courts
B) Allow parties freedom to settle the matter between
themselves
✅ C) Have certain consequences not approved of and are
punishable
D) Are disapproved of only by the leadership of the community
Explanation:
Offences harmful to the community (e.g. witchcraft, incest,
theft) are public wrongs in customary law and are punishable
because they disturb social harmony.
Authority:
Bennett, T.W. (2004). Customary Law in South Africa.
Himonga, C. (2011). African Customary Law and Human
Rights in South Africa.
QUESTION 3
The significance of the meal shared in addition to the
punishment imposed on a guilty party who has committed
incest is to indicate…
A) Lustration and conciliation
B) Reconciliation for all parties involved
C) A remedy to heal the wounds
✅ D) Purification between the parties
DETAILED QUESTION AND CORRECT ANSWERS
WITH EXPLANATION PROVIDED
QUESTION 1
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 customary court session
✅ C) If no notice of appeal has been received within 30 days
after court registration
D) After the parties have shared a reconciliatory meal
Explanation:
A customary court sentence becomes enforceable under formal
law once it has been registered with a magistrate’s court and the
30-day appeal period has lapsed without any appeal being
lodged. This ensures due process.
Authority:
Customary Law Courts Act (relevant provincial legislation)
Bekker et al. (2021) Introduction to Legal Pluralism in
South Africa, 5th ed.
QUESTION 2
, In Southern Africa’s customary law, the offences that are
harmful to the community…
A) Can only be decided in certain selected customary courts
B) Allow parties freedom to settle the matter between
themselves
✅ C) Have certain consequences not approved of and are
punishable
D) Are disapproved of only by the leadership of the community
Explanation:
Offences harmful to the community (e.g. witchcraft, incest,
theft) are public wrongs in customary law and are punishable
because they disturb social harmony.
Authority:
Bennett, T.W. (2004). Customary Law in South Africa.
Himonga, C. (2011). African Customary Law and Human
Rights in South Africa.
QUESTION 3
The significance of the meal shared in addition to the
punishment imposed on a guilty party who has committed
incest is to indicate…
A) Lustration and conciliation
B) Reconciliation for all parties involved
C) A remedy to heal the wounds
✅ D) Purification between the parties
