IND2601 2022 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
2.Select the correct statement. In Southern Africa’s customary law, the o>ences 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
3.Indicate the statement that is NOT correct. The significance of the meal shared in
addition to the punishment imposed on a guilty party who has committed the crime of
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
4.The possible defiling e>ect that assault may have on the community emphasizes…
A) How group rights and the community’s honour were protected
B) The value attached to harmonious relationships between the community
C) The sacred position held by a Traditional leader within the community D) The value of
Traditional Authority in the conception of customary law
5.Which of the following Acts described in the following statements would constitute
contempt of the ruler?
A) A is visiting a friend in a traditional tribal area. He would like to start a business there.
Without the help of anybody else he arranges a public meeting.
B) Z, a headman, determines, without consulting the members of his council or the ruler
that people may use of the first fruits of the lands before the ruler announces that this
may be done. When it is pointed out to him that the ruler has not performed the
customary ceremony in this regard Z says in public that he does not believe in the
ceremonies and that he cannot wait for the ruler.
C) F leaves the area of ruler X with his wife and children to work in the city. After 15 years
he and his wife return to the area. Without making sure what the current local
arrangements are he cuts thatching-grass in an area where it is forbidden to cut grass.
, It was decided to forbid the cutting of grass in that area at a tribal meeting four years
before F’s return.
D) H, a headwoman, is not pleased with the traditional leader and the tribal council’s
decisions on prioritizing development projects in the traditional community. She feels
that the area in which she resided always neglected. She mobilises community
members in her area to attend a meeting on how they can best campaign to have
development projects prioritized under her area after consultation with the traditional
leader.
6.Which of the following DOES NOT constitute an act of assault in customary?
A) A plays a prank on B whilst sitting on a couch and the latter blacks out
B) A stabs B on the leg and immediately blood comes out of the stab wound
C) A sets his Dog on B and the latter bleeds
D) A throws a cat on B and the cat bites B
7.In African customary law, Public Law refers to legal relations between
A) People whether individuals or group
B) A government and its subjects
C) Law and human relationships
D) Individuals and groups as private persons
8.In original customary law, succession…
A) takes place on the death of the principal wife.
B) follows the principle of female primogeniture.
C)is a duty that cannot be relinquished or ceded.
D)prevents a family head from transferring a younger son from one house to another
house without a son during his lifetime.
9.In terms of the recognition of customary marriage Act 120 of 1998, a woman in customary
law…
A)may never inherit property from her deceased father.
B)has equal status and capacity with her husband in a customary marriage.
C)cannot acquire and dispose of assets if she is a wife in a customary marriage.
D)can succeed to the position of family head at her husband’s discretion.
10.Which of the following statements does not apply to the ukutheleka custom?
A) It is practised by some Sotho tribes
B) It entails that the wife is “kidnapped” by her people
C) It is used for the maintenance of the woman
D) It means that the lobolo is delivered in instalments.
11.Which of the following is an element of a crime in customary law?
, A) The act must be performed in broad daylight.
B) The act must be unlawful.
C) The act must be performed by several people against one person.
D) The act must be against cultural institutional acts.
12.In terms of the Traditional Leadership and Governance Framework Act 41 of 2003, the
power to appoint a king vests with…
A) the president.
B) the premiers of the diWerent provinces.
C) the National House of Traditional Leaders.
D) parliament.
13.The ukungena custom is applied where…
A) the husband is incapable of having children.
B) the husband dies without a son.
C) the tribal wife dies without a son.
D) the tribal wife is incapable of having children.
14.Which of the following will the Premier of a province engage in to recognise a senior
traditional leader, headman or headwoman?
A) issue a notice in the provincial gazette recognising the person so identified
B) call a tribal council meeting to announce the appointment.
C) appoint the particular traditional leader to the relevant House of Traditional leaders.
D) organise a celebration of the appointment in the community.
15.The concrete versus the abstract approach that is 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) Specialized legal systems are marked by visible acts such as signing of a marriage
register to signify the conclusion of a marriage contract.
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 and taking some of his personal belongings.
16.The right to culture that is protected under section 30 and 31 of the Constitution implies
that the state must…
A) force all courts to apply and therefore recognise customary law
B) ensure that the recognition of customary law is subject to the Bill of Rights
C) preserve the existence and identity of cultural groups
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
2.Select the correct statement. In Southern Africa’s customary law, the o>ences 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
3.Indicate the statement that is NOT correct. The significance of the meal shared in
addition to the punishment imposed on a guilty party who has committed the crime of
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
4.The possible defiling e>ect that assault may have on the community emphasizes…
A) How group rights and the community’s honour were protected
B) The value attached to harmonious relationships between the community
C) The sacred position held by a Traditional leader within the community D) The value of
Traditional Authority in the conception of customary law
5.Which of the following Acts described in the following statements would constitute
contempt of the ruler?
A) A is visiting a friend in a traditional tribal area. He would like to start a business there.
Without the help of anybody else he arranges a public meeting.
B) Z, a headman, determines, without consulting the members of his council or the ruler
that people may use of the first fruits of the lands before the ruler announces that this
may be done. When it is pointed out to him that the ruler has not performed the
customary ceremony in this regard Z says in public that he does not believe in the
ceremonies and that he cannot wait for the ruler.
C) F leaves the area of ruler X with his wife and children to work in the city. After 15 years
he and his wife return to the area. Without making sure what the current local
arrangements are he cuts thatching-grass in an area where it is forbidden to cut grass.
, It was decided to forbid the cutting of grass in that area at a tribal meeting four years
before F’s return.
D) H, a headwoman, is not pleased with the traditional leader and the tribal council’s
decisions on prioritizing development projects in the traditional community. She feels
that the area in which she resided always neglected. She mobilises community
members in her area to attend a meeting on how they can best campaign to have
development projects prioritized under her area after consultation with the traditional
leader.
6.Which of the following DOES NOT constitute an act of assault in customary?
A) A plays a prank on B whilst sitting on a couch and the latter blacks out
B) A stabs B on the leg and immediately blood comes out of the stab wound
C) A sets his Dog on B and the latter bleeds
D) A throws a cat on B and the cat bites B
7.In African customary law, Public Law refers to legal relations between
A) People whether individuals or group
B) A government and its subjects
C) Law and human relationships
D) Individuals and groups as private persons
8.In original customary law, succession…
A) takes place on the death of the principal wife.
B) follows the principle of female primogeniture.
C)is a duty that cannot be relinquished or ceded.
D)prevents a family head from transferring a younger son from one house to another
house without a son during his lifetime.
9.In terms of the recognition of customary marriage Act 120 of 1998, a woman in customary
law…
A)may never inherit property from her deceased father.
B)has equal status and capacity with her husband in a customary marriage.
C)cannot acquire and dispose of assets if she is a wife in a customary marriage.
D)can succeed to the position of family head at her husband’s discretion.
10.Which of the following statements does not apply to the ukutheleka custom?
A) It is practised by some Sotho tribes
B) It entails that the wife is “kidnapped” by her people
C) It is used for the maintenance of the woman
D) It means that the lobolo is delivered in instalments.
11.Which of the following is an element of a crime in customary law?
, A) The act must be performed in broad daylight.
B) The act must be unlawful.
C) The act must be performed by several people against one person.
D) The act must be against cultural institutional acts.
12.In terms of the Traditional Leadership and Governance Framework Act 41 of 2003, the
power to appoint a king vests with…
A) the president.
B) the premiers of the diWerent provinces.
C) the National House of Traditional Leaders.
D) parliament.
13.The ukungena custom is applied where…
A) the husband is incapable of having children.
B) the husband dies without a son.
C) the tribal wife dies without a son.
D) the tribal wife is incapable of having children.
14.Which of the following will the Premier of a province engage in to recognise a senior
traditional leader, headman or headwoman?
A) issue a notice in the provincial gazette recognising the person so identified
B) call a tribal council meeting to announce the appointment.
C) appoint the particular traditional leader to the relevant House of Traditional leaders.
D) organise a celebration of the appointment in the community.
15.The concrete versus the abstract approach that is 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) Specialized legal systems are marked by visible acts such as signing of a marriage
register to signify the conclusion of a marriage contract.
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 and taking some of his personal belongings.
16.The right to culture that is protected under section 30 and 31 of the Constitution implies
that the state must…
A) force all courts to apply and therefore recognise customary law
B) ensure that the recognition of customary law is subject to the Bill of Rights
C) preserve the existence and identity of cultural groups
