lOMoAR cPSD| 66073591
messages.downloaded_by
, lOMoAR cPSD| 66073591
CLA1501 EXAM PACK [ QUESTIONS AND ANSWERS
]2026/2027
QUESTION 1
Which ONE of the following is NOT an authoritative source
of South African law?
1. Statute law
2. Customary law
3. The old authorities
4. Judgments of the superior courts
5. Foreign law Correct answer
Explanation
5 is the CORRECT answer. Foreign Law is NOT an
authoritative source of South African Law. It has persuasive
authority only.
QUESTION 2
Which ONE of the following is NOT a requirement for a
customary rule to be recognised as a legal rule?
1. It must have existed for a long time and be reasonable.
2. It must be generally recognised and observed by the
community.
3. The contents thereof must be certain and clear.
4. It must have been reduced to writing. 4 is the
CORRECT answer.
Explanation
messages.downloaded_by
, lOMoAR cPSD| 66073591
4 is the CORRECT answer. It is NOT a requirement that a
customary rule must have been reduced to writing for it to be
recognised as a legal rule.
QUESTION 3
Solomon works on a Welkom goldmine. Before leaving his
home in Limpopo he asked his nephew, Bheki, to look after
his cattle during his absence and gave him permission to use
the cattle. Everyone in their village now considers the cattle to
be Bheki’s as Solomon has been gone for so long. Bheki uses
the dung of the cattle to fertilise his fields and he sells and
consumes their milk.
Which ONE of the following statements is CORRECT under
the circumstances?
1. Bheki is the usufructuary of the cattle. 1 is the
CORRECT answer.
2. Bheki is the holder of a praedial servitude in the cattle.
3. Bheki is the pledgee of the cattle.
4. Bheki is the mortgagee of the cattle.
5. Bheki is the owner of the cattle through prescription.
Explanation
1 is the CORRECT answer. Bheki has been granted the right
to use the cattle in his personal capacity. The cattle are
movable. Solomon remains the owner.
QUESTION 4
messages.downloaded_by
, lOMoAR cPSD| 66073591
Freddie gets involved in an argument with a man in a sports
bar one Friday evening, on the merits of a certain rugby team.
The argument gets heated, Freddie loses his temper and
assaults the other man, to the extent that the man loses
consciousness. Freddie decides to go home. On his arrival, he
finds his two year old son seriously ill. Still upset from the
incident at the pub, he rushes to take the child to the
emergency ward of the local hospital. On his way there he is
caught driving 140 km/h in a 80 km/h zone. He is summoned
to appear in court on a charge of contravening the traffic
regulations.
On which ONE of the following grounds of justification can
Freddie rely?
1. Necessity 1 is the CORRECT answer.
2. Provocation
3. Self-defence
4. Consent
Explanation
1 is the CORRECT answer. Necessity exists when a person
is through external forces placed in such a position that the
person’s legitimate interests can only be protected through a
reasonable infringement of the rights of another. Here,
Freddie protected his interest (his sick child) by violating the
law.
Provocation exists where a person is provoked or incited by
another’s words or actions to cause harm to that other person.
Although Freddie might have been provoked at the pub, his
exceeding the speed limit does not meet the requirements for
messages.downloaded_by
messages.downloaded_by
, lOMoAR cPSD| 66073591
CLA1501 EXAM PACK [ QUESTIONS AND ANSWERS
]2026/2027
QUESTION 1
Which ONE of the following is NOT an authoritative source
of South African law?
1. Statute law
2. Customary law
3. The old authorities
4. Judgments of the superior courts
5. Foreign law Correct answer
Explanation
5 is the CORRECT answer. Foreign Law is NOT an
authoritative source of South African Law. It has persuasive
authority only.
QUESTION 2
Which ONE of the following is NOT a requirement for a
customary rule to be recognised as a legal rule?
1. It must have existed for a long time and be reasonable.
2. It must be generally recognised and observed by the
community.
3. The contents thereof must be certain and clear.
4. It must have been reduced to writing. 4 is the
CORRECT answer.
Explanation
messages.downloaded_by
, lOMoAR cPSD| 66073591
4 is the CORRECT answer. It is NOT a requirement that a
customary rule must have been reduced to writing for it to be
recognised as a legal rule.
QUESTION 3
Solomon works on a Welkom goldmine. Before leaving his
home in Limpopo he asked his nephew, Bheki, to look after
his cattle during his absence and gave him permission to use
the cattle. Everyone in their village now considers the cattle to
be Bheki’s as Solomon has been gone for so long. Bheki uses
the dung of the cattle to fertilise his fields and he sells and
consumes their milk.
Which ONE of the following statements is CORRECT under
the circumstances?
1. Bheki is the usufructuary of the cattle. 1 is the
CORRECT answer.
2. Bheki is the holder of a praedial servitude in the cattle.
3. Bheki is the pledgee of the cattle.
4. Bheki is the mortgagee of the cattle.
5. Bheki is the owner of the cattle through prescription.
Explanation
1 is the CORRECT answer. Bheki has been granted the right
to use the cattle in his personal capacity. The cattle are
movable. Solomon remains the owner.
QUESTION 4
messages.downloaded_by
, lOMoAR cPSD| 66073591
Freddie gets involved in an argument with a man in a sports
bar one Friday evening, on the merits of a certain rugby team.
The argument gets heated, Freddie loses his temper and
assaults the other man, to the extent that the man loses
consciousness. Freddie decides to go home. On his arrival, he
finds his two year old son seriously ill. Still upset from the
incident at the pub, he rushes to take the child to the
emergency ward of the local hospital. On his way there he is
caught driving 140 km/h in a 80 km/h zone. He is summoned
to appear in court on a charge of contravening the traffic
regulations.
On which ONE of the following grounds of justification can
Freddie rely?
1. Necessity 1 is the CORRECT answer.
2. Provocation
3. Self-defence
4. Consent
Explanation
1 is the CORRECT answer. Necessity exists when a person
is through external forces placed in such a position that the
person’s legitimate interests can only be protected through a
reasonable infringement of the rights of another. Here,
Freddie protected his interest (his sick child) by violating the
law.
Provocation exists where a person is provoked or incited by
another’s words or actions to cause harm to that other person.
Although Freddie might have been provoked at the pub, his
exceeding the speed limit does not meet the requirements for
messages.downloaded_by
