IND2601 – African Customary Law MCQ Exam Pack 150+ Practice Questions with Answers & Explanations 2026/2027 | A+ Grade

IND2601 – African Customary Law MCQ Exam
Pack 150+ Practice Questions with Answers &
Explanations 2026/2027 | A+ Grade

EXAM OVERVIEW
Category Details
Course Code IND2601 – African Customary Law
Institution University of South Africa (UNISA)
Exam 50 Multiple-Choice Questions (100 marks)
Format
Duration 2 Hours
Key Topics Nature of customary law, marriage, succession, criminal law, courts, constitutional
recognition


SECTION 1: NATURE, CHARACTERISTICS & SOURCES OF CUSTOMARY LAW
Questions 1 – 25


1. The emphasis in African Customary Law is on:
 A. Duties
 B. Rights
 C. Love
 D. Ancestors
Rationale: African customary law places greater emphasis on duties rather than individual
rights. The individual functions entirely within the context of the group .

,2. Which of the following subdivisions does NOT fall under Customary Private Law?
 A. Law of Persons
 B. Law of obligations
 C. Administrative Law
 D. Family Law
Rationale: Customary Private Law includes Law of Persons, Law of Obligations, and Family
Law. Administrative Law falls under Customary Public Law .


3. 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 .


4. 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 .


5. The role of magico-religious conceptions in African customary law implies that:
 A. There are supernatural powers at work that may be used by 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 .


6. People voluntarily observe legal rules and the rules for living in African customary
law because of the following factors:
 A. The religious or sacral element of the law, private opinion and the knowledge that
if a person is harmed, that person will endeavour to get compensation
 B. The religious or sacral element of the law, the knowledge that if a person is
harmed, that person will endeavour to get compensation, public opinion, and
fear of punishment
 C. The religious or sacral element of the law, fear of punishment and the fact that
only the indigenous leaders have a broad general knowledge of the law
 D. The religious or sacral element of the law and the influence of the police, courts
and judges
Rationale: People voluntarily observe customary law due to the religious (sacral) element,
knowledge that harm will lead to claims for compensation, public opinion, and fear of
punishment .

, 7. 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 .


8. 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 .


9. One of the indications 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. Bill of Rights is only applicable to customary law
 D. The Constitution is the supreme law