IND2601 ASSIGNMENT 1 COMPLETE ANSWERS STUDY GUIDE 2025/2026
ACCURATE QUESTIONS AND CORRECT SOLUTIONS || 100% GUARANTEED PASS
<UPDATED VERSION>
Foundational Concepts & Sources of Law
1. What is the primary characteristic of Indigenous Law in South Africa?
It is largely unwritten and based on the customs, practices, and traditions of
the specific indigenous community.
2. Name the two main systems of law that are recognized in the South African
legal system.
The common law (Roman-Dutch law) and Indigenous Law (customary law).
3. What is legal pluralism?
The existence of multiple legal systems within a single geographical area or
population, such as the co-existence of common law and Indigenous Law in South
Africa.
,4. Which section of the South African Constitution formally recognizes
Indigenous Law?
Section 211(3) of the Constitution of the Republic of South Africa, 1996.
5. What is the key requirement for a custom to be legally recognized as a rule of
Indigenous Law?
It must be reasonable, consistently observed for a long time, and accepted by
the community as binding (the opinio juris requirement).
6. What is the significance of the case Alexkor Ltd v The Richtersveld
Community?
It confirmed that Indigenous Law is an independent source of law, distinct
from common law, and must be considered in its own right, particularly in land
rights claims.
7. Define "living customary law."
The practices and rules of Indigenous Law as they are actually lived and
applied by people in the present day, which may differ from the official, codified
versions.
8. What is the difference between "official" and "living" customary law?
Official customary law is the version that has been recorded, often in statutes
, or court records, while living customary law is the dynamic, day-to-day practice
that evolves with the community.
9. Which court is the highest authority on matters of Indigenous Law in South
Africa?
The Constitutional Court.
10. What was the main legislative attempt to codify Indigenous Law before
1994?
The Black Administration Act 38 of 1927.
Family Law & Marriage
11. What are the two essential requirements for a valid customary marriage
according to the Recognition of Customary Marriages Act (RCMA)?
The marriage must be negotiated and entered into in accordance with
customary law, and the spouses must be 18 years or older and must both consent
to the marriage.
12. Does the RCMA require the payment of lobola for a marriage to be valid?
No, while lobola is a common and important custom, the Act states that the
ACCURATE QUESTIONS AND CORRECT SOLUTIONS || 100% GUARANTEED PASS
<UPDATED VERSION>
Foundational Concepts & Sources of Law
1. What is the primary characteristic of Indigenous Law in South Africa?
It is largely unwritten and based on the customs, practices, and traditions of
the specific indigenous community.
2. Name the two main systems of law that are recognized in the South African
legal system.
The common law (Roman-Dutch law) and Indigenous Law (customary law).
3. What is legal pluralism?
The existence of multiple legal systems within a single geographical area or
population, such as the co-existence of common law and Indigenous Law in South
Africa.
,4. Which section of the South African Constitution formally recognizes
Indigenous Law?
Section 211(3) of the Constitution of the Republic of South Africa, 1996.
5. What is the key requirement for a custom to be legally recognized as a rule of
Indigenous Law?
It must be reasonable, consistently observed for a long time, and accepted by
the community as binding (the opinio juris requirement).
6. What is the significance of the case Alexkor Ltd v The Richtersveld
Community?
It confirmed that Indigenous Law is an independent source of law, distinct
from common law, and must be considered in its own right, particularly in land
rights claims.
7. Define "living customary law."
The practices and rules of Indigenous Law as they are actually lived and
applied by people in the present day, which may differ from the official, codified
versions.
8. What is the difference between "official" and "living" customary law?
Official customary law is the version that has been recorded, often in statutes
, or court records, while living customary law is the dynamic, day-to-day practice
that evolves with the community.
9. Which court is the highest authority on matters of Indigenous Law in South
Africa?
The Constitutional Court.
10. What was the main legislative attempt to codify Indigenous Law before
1994?
The Black Administration Act 38 of 1927.
Family Law & Marriage
11. What are the two essential requirements for a valid customary marriage
according to the Recognition of Customary Marriages Act (RCMA)?
The marriage must be negotiated and entered into in accordance with
customary law, and the spouses must be 18 years or older and must both consent
to the marriage.
12. Does the RCMA require the payment of lobola for a marriage to be valid?
No, while lobola is a common and important custom, the Act states that the
