ASSIGNMENT 02:
The assignment consists of 1 5 statements. Answer all the questions with an HB pencil on
the mark- reading sheet provided. Please do not use a pen when you complete the
mark-reading sheet. Please mark the number of the statement that you choose next to the
number of the relevant question. You may choose only one statement for each question.
1. In African customary law, Public Law refers to legal relations between
(1) People whether individuals or group
(2) A government and its subjects
(3) Law and human relationships
(4) Individuals and groups as private persons
2. One of the following sections in the Constitution of South Africa does not signify
recognition of customary law. Which one is it?
(1) Section 2
(2) Section 15
(3) Section 31
(4) Section 112.
3. Which of the following statements apply to the ukutheleka custom?
(1) It is practised by all Sotho tribes
(2) It entails that the wife is “kidnapped” by her people
(3) It is used for the maintenance of the woman
(4) It means that the lobolo is delivered in instalments.
4. In terms of the Recognition of Customary Marriages Act…..
(1) marriages not registered in terms of the Act are void.
(2) parties to an unregistered marriage are liable to a fine.
18
, IND2601/101/3/2021
(3) Unregistered marriages are awarded the status of a union.
(4) the customary marriage is not void for failure to register.
5. A customary marriage can only be dissolved …
(1) by the death of one of the spouses.
(2) by a family court, or a competent division of the High court or a divorce court or an equality
court.
(3) on the ground of irretrievable breakdown of the marriage.
(4) if the court is satisfied that one of the parties has committed adultery resulting to the birth
of a child.
6. Which of the following factors influenced a person’s status in customary law?
(1) wealth
(2) rank
(3) popularity
(4) class
7. In the case of Bhe and Others v Magistrate, Khayelitsha, and Others (Commission for
Gender Equality as Amicus Curiae) 2005 (1) BCLR 1 (CC), the court declared the whole
of section 23 of the Black Administration Act 38 of 1927 and the regulations
promulgated thereunder to be unconstitutional and invalid because…
(1) the Act was manifestly racist in its purpose and effect because it discriminated on the
grounds of race and colour.
(2) the combined effect of section 23 and the regulations was to put in place a succession
scheme which discriminated on the basis of race and colour applying only to white people.
(3) the discrimination it perpetrated was an affront to the dignity of white persons.
(4) it was inconsistent with the right to life guaranteed in section 11 of the Constitution.
19
The assignment consists of 1 5 statements. Answer all the questions with an HB pencil on
the mark- reading sheet provided. Please do not use a pen when you complete the
mark-reading sheet. Please mark the number of the statement that you choose next to the
number of the relevant question. You may choose only one statement for each question.
1. In African customary law, Public Law refers to legal relations between
(1) People whether individuals or group
(2) A government and its subjects
(3) Law and human relationships
(4) Individuals and groups as private persons
2. One of the following sections in the Constitution of South Africa does not signify
recognition of customary law. Which one is it?
(1) Section 2
(2) Section 15
(3) Section 31
(4) Section 112.
3. Which of the following statements apply to the ukutheleka custom?
(1) It is practised by all Sotho tribes
(2) It entails that the wife is “kidnapped” by her people
(3) It is used for the maintenance of the woman
(4) It means that the lobolo is delivered in instalments.
4. In terms of the Recognition of Customary Marriages Act…..
(1) marriages not registered in terms of the Act are void.
(2) parties to an unregistered marriage are liable to a fine.
18
, IND2601/101/3/2021
(3) Unregistered marriages are awarded the status of a union.
(4) the customary marriage is not void for failure to register.
5. A customary marriage can only be dissolved …
(1) by the death of one of the spouses.
(2) by a family court, or a competent division of the High court or a divorce court or an equality
court.
(3) on the ground of irretrievable breakdown of the marriage.
(4) if the court is satisfied that one of the parties has committed adultery resulting to the birth
of a child.
6. Which of the following factors influenced a person’s status in customary law?
(1) wealth
(2) rank
(3) popularity
(4) class
7. In the case of Bhe and Others v Magistrate, Khayelitsha, and Others (Commission for
Gender Equality as Amicus Curiae) 2005 (1) BCLR 1 (CC), the court declared the whole
of section 23 of the Black Administration Act 38 of 1927 and the regulations
promulgated thereunder to be unconstitutional and invalid because…
(1) the Act was manifestly racist in its purpose and effect because it discriminated on the
grounds of race and colour.
(2) the combined effect of section 23 and the regulations was to put in place a succession
scheme which discriminated on the basis of race and colour applying only to white people.
(3) the discrimination it perpetrated was an affront to the dignity of white persons.
(4) it was inconsistent with the right to life guaranteed in section 11 of the Constitution.
19
