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LCP4804 - ADVANCED INDIGENOUS LAW EXAM QUESTIONS
LATEST VERSION QUESTIONS AND ANSWERS 2026 EDITION
LCP4804 EXAM 250-QUESTION
ADVANCED INDIGENOUS LAW EXAMINATION
EXAMINATION QUESTIONS (1–250)
SECTION 1: NATURE AND CONCEPT OF AFRICAN CUSTOMARY LAW (Questions 1–
50)
1. Which of the following best describes the nature of African customary law?
A) A static and fixed set of written rules
B) A living, dynamic system of norms and values that evolves over time
C) A system that only applies to rural communities
D) A system that is inferior to common law
Correct Answer: B
Rationale: African customary law is a living, dynamic system of norms and values that
has evolved over time. It is not static or fixed; it adapts to changing social conditions.
The courts have recognised this, as seen in Pilane v Pilane, where the court emphasised
that customary law is "living, active and dynamic and part of lives of people" .
2. What is the distinction between "official" customary law and "living" customary
law?
A) Official customary law is written, while living customary law is unwritten
B) Official customary law is applied by courts and sometimes distorted, while living
customary law is the law actually practiced by communities
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C) Official customary law applies to urban areas, while living customary law applies to
rural areas
D) There is no distinction between official and living customary law
Correct Answer: B
Rationale: Official customary law refers to the version of customary law that is applied
by courts, which may have been distorted by colonial and apartheid influences. Living
customary law is the actual normative and regulatory system practiced by
communities. The two may differ significantly . The pre-colonial system was largely
unwritten but lived through practice, oral transmission, and ritual .
3. Which of the following was the foundation of pre-colonial African legal systems?
A) Written constitutions
B) Kinship and lineage structures
C) Individual property rights
D) Centralised state authority
Correct Answer: B
Rationale: Kinship and lineage formed the core of pre-colonial African law. The family,
lineage, and clan defined not only identity but also rights and obligations. It determined
who could inherit property, who could enter into marriage contracts, and who bore
responsibility for disputes .
4. What role did chiefs and councils play in pre-colonial African legal systems?
A) They had absolute power over all matters
B) They served as custodians of custom, protectors of land, and mediators in disputes
C) They were only responsible for religious matters
D) They had no legal authority
Correct Answer: B
Rationale: Chiefs and councils served as custodians of custom, protectors of land, and
mediators in disputes. However, their power was not absolute; decisions were often
taken collectively with elders and community assemblies. In acephalous systems,
village assemblies and age-grades regulated affairs .
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5. According to Section 211(3) of the Constitution, customary law:
A) Is no longer recognised
B) Must be applied by courts and is recognised as part of the legal system
C) Is inferior to common law
D) Only applies to traditional leaders
Correct Answer: B
Rationale: Section 211(3) of the Constitution recognises customary law as part of the
legal system and requires courts to apply it. The provision states that "the courts must
apply customary law when that law is applicable, subject to the Constitution and any
legislation that specifically deals with customary law". This gives customary law
constitutional recognition .
6. In Alexkor Ltd v Richtersveld Community, the Constitutional Court held that:
A) Customary law is inferior to common law
B) Customary law and common law are equal components of South African law
C) Customary law is only applicable to land matters
D) Customary law must be proved as a foreign law
Correct Answer: B
Rationale: In Alexkor v Richtersveld Community, the Constitutional Court held that
customary law and common law are equal components of South African law. The court
also stated that the current status of customary law is that of an original and
independent system with its own values and norms . The Precious Stone Act and
subsequent laws had stripped the community of their rights to ownership .
7. What are the five factors that made unofficial and official versions of African law
different from its original normative system?
A) Colonial legislation, judicial distortion, common law influence, official codification,
and the application of repugnancy clauses
B) Industrialisation, urbanisation, globalisation, modernisation, and secularisation
C) The influence of Christianity, the introduction of written law, the establishment of
courts, the role of chiefs, and the impact of education
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D) The abolition of traditional courts, the introduction of statutory law, the creation of
tribal authorities, the role of magistrates, and the influence of Western education
Correct Answer: A
Rationale: The five factors that primarily made unofficial and official versions of African
law different include colonial legislation, judicial distortion of customary law, the
influence of common law principles, official codification that froze customary law, and
the application of repugnancy clauses that subjected customary law to foreign
standards . This distortion meant that what courts applied often did not reflect living
customary law.
8. The concept of ubuntu in the South African legal context means:
A) A system of individual rights
B) Humaneness, compassion, and the interconnectedness of humanity
C) A system of punishment
D) The principle of primogeniture
Correct Answer: B
Rationale: Ubuntu embodies humaneness, compassion, and the interconnectedness
of humanity. It emphasises the importance of human dignity and community. The
Constitutional Court in S v Makwanyane recognised ubuntu as a value underlying the
Constitution .
9. Which of the following is a characteristic of pre-colonial African legal systems?
A) Law was strictly separated from religion and morality
B) Law was holistic, blending social norms, religion, and governance into a unified
framework
C) Law was based on written constitutions
D) Law was primarily enforced by a standing army
Correct Answer: B
Rationale: Unlike the rigid separation of law and morality in European traditions, African
indigenous law was holistic, blending social norms, religion, and governance into a
unified framework . Law was closely tied to social structures, kinship relations, religious
beliefs, and economic practices.
LCP4804 - ADVANCED INDIGENOUS LAW EXAM QUESTIONS
LATEST VERSION QUESTIONS AND ANSWERS 2026 EDITION
LCP4804 EXAM 250-QUESTION
ADVANCED INDIGENOUS LAW EXAMINATION
EXAMINATION QUESTIONS (1–250)
SECTION 1: NATURE AND CONCEPT OF AFRICAN CUSTOMARY LAW (Questions 1–
50)
1. Which of the following best describes the nature of African customary law?
A) A static and fixed set of written rules
B) A living, dynamic system of norms and values that evolves over time
C) A system that only applies to rural communities
D) A system that is inferior to common law
Correct Answer: B
Rationale: African customary law is a living, dynamic system of norms and values that
has evolved over time. It is not static or fixed; it adapts to changing social conditions.
The courts have recognised this, as seen in Pilane v Pilane, where the court emphasised
that customary law is "living, active and dynamic and part of lives of people" .
2. What is the distinction between "official" customary law and "living" customary
law?
A) Official customary law is written, while living customary law is unwritten
B) Official customary law is applied by courts and sometimes distorted, while living
customary law is the law actually practiced by communities
, Page 2 of 72
C) Official customary law applies to urban areas, while living customary law applies to
rural areas
D) There is no distinction between official and living customary law
Correct Answer: B
Rationale: Official customary law refers to the version of customary law that is applied
by courts, which may have been distorted by colonial and apartheid influences. Living
customary law is the actual normative and regulatory system practiced by
communities. The two may differ significantly . The pre-colonial system was largely
unwritten but lived through practice, oral transmission, and ritual .
3. Which of the following was the foundation of pre-colonial African legal systems?
A) Written constitutions
B) Kinship and lineage structures
C) Individual property rights
D) Centralised state authority
Correct Answer: B
Rationale: Kinship and lineage formed the core of pre-colonial African law. The family,
lineage, and clan defined not only identity but also rights and obligations. It determined
who could inherit property, who could enter into marriage contracts, and who bore
responsibility for disputes .
4. What role did chiefs and councils play in pre-colonial African legal systems?
A) They had absolute power over all matters
B) They served as custodians of custom, protectors of land, and mediators in disputes
C) They were only responsible for religious matters
D) They had no legal authority
Correct Answer: B
Rationale: Chiefs and councils served as custodians of custom, protectors of land, and
mediators in disputes. However, their power was not absolute; decisions were often
taken collectively with elders and community assemblies. In acephalous systems,
village assemblies and age-grades regulated affairs .
, Page 3 of 72
5. According to Section 211(3) of the Constitution, customary law:
A) Is no longer recognised
B) Must be applied by courts and is recognised as part of the legal system
C) Is inferior to common law
D) Only applies to traditional leaders
Correct Answer: B
Rationale: Section 211(3) of the Constitution recognises customary law as part of the
legal system and requires courts to apply it. The provision states that "the courts must
apply customary law when that law is applicable, subject to the Constitution and any
legislation that specifically deals with customary law". This gives customary law
constitutional recognition .
6. In Alexkor Ltd v Richtersveld Community, the Constitutional Court held that:
A) Customary law is inferior to common law
B) Customary law and common law are equal components of South African law
C) Customary law is only applicable to land matters
D) Customary law must be proved as a foreign law
Correct Answer: B
Rationale: In Alexkor v Richtersveld Community, the Constitutional Court held that
customary law and common law are equal components of South African law. The court
also stated that the current status of customary law is that of an original and
independent system with its own values and norms . The Precious Stone Act and
subsequent laws had stripped the community of their rights to ownership .
7. What are the five factors that made unofficial and official versions of African law
different from its original normative system?
A) Colonial legislation, judicial distortion, common law influence, official codification,
and the application of repugnancy clauses
B) Industrialisation, urbanisation, globalisation, modernisation, and secularisation
C) The influence of Christianity, the introduction of written law, the establishment of
courts, the role of chiefs, and the impact of education
, Page 4 of 72
D) The abolition of traditional courts, the introduction of statutory law, the creation of
tribal authorities, the role of magistrates, and the influence of Western education
Correct Answer: A
Rationale: The five factors that primarily made unofficial and official versions of African
law different include colonial legislation, judicial distortion of customary law, the
influence of common law principles, official codification that froze customary law, and
the application of repugnancy clauses that subjected customary law to foreign
standards . This distortion meant that what courts applied often did not reflect living
customary law.
8. The concept of ubuntu in the South African legal context means:
A) A system of individual rights
B) Humaneness, compassion, and the interconnectedness of humanity
C) A system of punishment
D) The principle of primogeniture
Correct Answer: B
Rationale: Ubuntu embodies humaneness, compassion, and the interconnectedness
of humanity. It emphasises the importance of human dignity and community. The
Constitutional Court in S v Makwanyane recognised ubuntu as a value underlying the
Constitution .
9. Which of the following is a characteristic of pre-colonial African legal systems?
A) Law was strictly separated from religion and morality
B) Law was holistic, blending social norms, religion, and governance into a unified
framework
C) Law was based on written constitutions
D) Law was primarily enforced by a standing army
Correct Answer: B
Rationale: Unlike the rigid separation of law and morality in European traditions, African
indigenous law was holistic, blending social norms, religion, and governance into a
unified framework . Law was closely tied to social structures, kinship relations, religious
beliefs, and economic practices.
