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IND2601



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Theleka - (correct Answer) - Xhosa custom where woman's family impounds her and keeps her till the
husband delivers marriage goods

Isihewula beast (Southern Nguni) - (correct Answer) - A beast given for defloration of a women

Public law - (correct Answer) - Legal relations between a goverment and its subjects

Private law - (correct Answer) - Describes the legal relationships between individuals and groups in their
capacity as private persons

Legal subject - (correct Answer) - Any human being who can be the bearer of rights and duties

Original customary law - (correct Answer) - Customary laws of the indigenous African people prior to the
enactment of the Black Administration Act 38 of 1927

What factors influence a persons status in the agnatic group? - (correct Answer) - age, sex, marital
status, legitimacy or illegitimacy of birth, adoption, disinheritance, family and house rank and mental
state.

Who held the highest position in an agnatic group? - (correct Answer) - The head of the agnatic group

How does modern customary law differ in law of persons from original customary law - (correct Answer)
- The emphasis is on the individual person as a human being. The individual is the bearer of
rights,powers and duties

How does modern customary law differ from original customary law in the agnatic group - (correct
Answer) - Emphasis is on the individual but the individual should not be separated from the group

What is status? - (correct Answer) - Refers to the a persons legal position or standing and it is this status
that determines a persons powers

Name the 3 important competencies (powers derived directly from objective law) - (correct Answer) -
Legal capacity

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