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Exam (elaborations) IND2601 African Customary Law (IND2601) African Customary Law in South Africa, ISBN: 9780199057184

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IND2601( African Customary Law) Multiple Choice Questions Exam Pack 2022 Semester 1












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ASSIGNMENT 02: MULTIPLECHOICE QUESTIONS
CLOSING DATE: 09 APRIL 2020
UNIQUE NUMBER: 747479



Question 1

“Customary law means the customs and usages traditionally observed among indigenous
African peoples of South Africa and which form part of the culture of those people”. This
definition is found in

1) Section 1 of the Recognition of Customary Marriages Act 120 of 1998.
2) Section 1 of the Traditional Leadership and Governance Framework Act 41 of 2003.
3) Section 1 of the Reform of Customary Law of Succession and Regulation of Related Matters
Act 11 of 2009.
4) Section 1 of the Black Administration Act 38 of 1927.

Question 2

The characteristic of customary law that is expressed as group versus individual
orientation means that…
1) emphasis of the law is placed on the parties concerned in a dispute
2) although the family head was nominally the owner of the family property, he was not liable
for debts of the other members of the family home

3) individuals function within the context of the group to which they belong

4) the rights emanating from the seduction of a girl could only be claimed from the perpetrator
by herself to the exclusion of family members

Question 3

Which of the following are some of the known presumptions in indigenous law?

1) The children of a married woman are the children of her husband.
2) An adult is insane until there is evidence to the contrary.
3) A person may voluntarily entrust pieces of personal clothing to a stranger.
4) A person may voluntarily lie prostrate to be hit at the back.

Question 4

The group has identified a leader amongst them and wish to appoint him as a senior
traditional leader in their new community. Whom can they approach to make the
appointment?

1) The President of South Africa.

,2) The Premier of their Province.
3) The Provincial House of Traditional Leaders
4) The National House of Traditional Leaders.

Question 5

Which statement illustrates some of the steps that need to be taken by the appointing
authority in effecting the appointment?

1) Notify the previous traditional leader of the intention to recognise and appoint the new leader.
2) Publish the appointment in the Government Gazette.
3) Notify the National House of Traditional leaders.
4) Send a copy of the letter of appointment to the office of the President of the Republic of
South Africa.


Question 6

The conflict between customary law norms and provisions of fundamental rights outlawing
discrimination….
1) is not specifically resolved by the Constitution
2) is directly regulated by section 2 and 36(i) of the Constitution
3) is directly regulated by section 5(8)(i) of the Constitution
4) is specifically resolved by the provisions of section 8 and 39(i) of the Constitution

Question 7

The effect of the decision taken in the Moseneke case was that between 2002 and 2004, an
intestate estate of a black person reported to the Master was administered in terms of


1) customary law.
2) native law.
3) zulu code.
4) common law.

Question 8

Ukuvusa custom may be applied if …
1) a married man dies childless.
2) an unmarried male dies.
3) a female dies childless.
4) the wife cannot bear children.

Question 9

The Recognition of Customary Marriages Act 120 of 1998 recognizes polygynous
marriages, defined as …………………..

2

, IND2601/101/3/2020

1) a woman marrying more than one man.
2) a man marrying more than one woman.
3) a woman marrying another woman.
4) a man marrying not more than one woman.

Question 10

House property includes

1) Property of the family head’s mother ‘s house to which he has succeeded
2) Earnings of the family head through his occupation
3) Property acquired by an individual personally
4) Marriage goods (lobolo) received for the daughters


Question 11

The effect of the ruling in the case of Gumede v President of the RSA 2009 (3) SA 152 (CC)
is that

1) The proprietary consequences of marriages only entered before the commencement of the
Act are now in community of profit
2) Both spouses in all customary marriage have split control over marriage property
3) Proprietary consequences of marriages entered before and after the commencement of the
Act are in community of property.
4) None of the above is applicable

Question 12

Which of the following traditional leadership positions in is NOT recognized in law?

1) Kingship –or Queenship.
2) Deputy Principal Leadership.
3) Deputy traditional leaders.
4) Senior traditional leadership.

Question 13

A customary marriage can only be dissolved …

1) on the ground of the irretrievable breakdown of the marriage
2) by a family court, or a competent division of the High Court or a divorce court
3) by the death or malicious desertion of one spouse
4) where one party commits adultery resulting in the birth of a child.

Question 14

Functions of the National House of traditional leaders include

3

, 1) Consider parliamentary Bills referred to it in terms of the Traditional Governance framework
act 41 of 2003
2) Advise the district municipality or metropolitan municipality on matters pertaing to customary
law
3) Participate in local programs that have the development of rural communities as an object
4) Participate in local initiatives that are aimed at monitoring



Question 15

Which of the following is NOT an example of indigenous law determinations?

1) The allocation or refusal of residential and agricultural land
2) The permission or refusal of immigration or emigration
3) The permission or refusal to gather natural products from the communal land
4) The allocation of dates to families for burial purposes. [15]



ASSIGNMENT 02: MULTIPLECHOICE QUESTIONS
CLOSING DATE: 04 SEPTEMBER 2020
UNIQUE NUMBER: 778313


Question 1


One of the indications that fundamental rights have priority over customary law is that
the…

(1) rights in the Bill of Rights may be limited by any law.
(2) courts must promote the values that underlie an undemocratic society.
(3) Bill of Rights is only applicable to customary law.
(4) Constitution is the supreme law.


Question 2

Specialised and unspecialised systems are different because in the unspecialised systems
….

(1) emphasis falls strongly on the group.
(2) a transgression of the law and legal rules will have certain, specific consequences for the
transgressors.
(3) relations are governed by law.
(4) decisions are only taken by the family head.

Question 3

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