IND2601 EXAM ANSWERS 2023

IND2601 EXAM ANSWERS 2023 QUESTIONS ASKED A betrothal can be terminated … a. if the woman has a child of wedlock. b. if there are irreconcilable differences. c. by the death of the man or the woman. d. by adultery on the part of the man. Clear my choice Question 2 Not yet answered Marked out of 1.00 Flag question Question text Which of the following statements is true regarding testamentary dispositions in original customary law? a. Where the estate of a black person has been partially or totally bequeathed by a will, it had to be administered in terms of the Black Administration Act. b. All movable property allocated to a house or a wife in a customary marriage was inherited in accordance with the rules of original customary law and could be bequeathed using a will. c. According to Section 23 of the Black Administration act, all movable property belonging to a black person and allotted to him or accruing under black law or custom to any woman with whom he lived in a customary marriage, or to any house, shall upon his death devolve and be administered under Black law and custom. d. Persons who had contracted a customary marriage, as well as unmarried men and all women- in so far as they were individual holders of rights- could dispose of their whole estate using a will. Clear my choice Which of the following courts are NOT recognised in terms of the Constitution to apply customary law in South Africa? a. Courts of Traditional leaders. b. Magistrate courts. c. The Supreme Court. d. Labour Courts. Clear my choice Question 4 Not yet answered Marked out of 1.00 Flag question Question text The concrete versus the abstract approach that is characteristic of customary law means that… a. specialised legal systems adopt the abstract approach and unspecialised legal systems are more concrete, real and visible in approach. b. specialised legal systems are marked by visible acts such as signing of a marriage register to signify the conclusion of a marriage contract. c. in specialised legal systems, performance or part performance is required in the formulation of contracts. d. proof for adultery in specialised legal systems was obtained by catching the culprit in the act and taking some of his personal belongings. In African Customary law, the scope of private law includes the legal relationships between… a. people whether individuals or groups. b. law and human relationships. c. individuals and groups as private persons. d. a government and its subjects. Clear my choice Question 8 Not yet answered Marked out of 1.00 Flag question Question text In terms of court procedure in customary courts, an in situ investigation refers to … a. the use of extra-judicial methods of proof. b. investigations where the offence took place. c. Cross-examination and questioning in court. d. the court requiring physical evidence. What purpose is the fine for contempt of court used for in customary law? a. As a traditional ritual offering to the ancestors. b. Compensation to the court for the time its members spent on the case. c. Payment of the salary of the traditional council members. d. The maintenance of the messengers. Clear my choice Question 10 Not yet answered Marked out of 1.00 Flag question Question text The main aim of the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 is to … a. provide for the devolution of certain property in terms of the common law of intestate succession. b. ensure that matters of succession are handled in western courts of law. c. regulate the devolution of the deceased’s estate married in terms of common law. d. provide for the devolution of certain property in terms of the common law of testate succession. In terms of the original customary law general property would include … a. property of the family head’s mother’s house to which he has succeeded. b. property that was given to a woman during her marriage, such as household utensils. c. clothing, walking sticks, snuff boxes, necklaces and weapons. d. earnings of family members, including the earnings of a midwife and medicine woman. Clear my choice Question 12 Not yet answered Marked out of 1.00 Flag question Question text An accused may appeal to the …. against a conviction and sentence imposed on him. a. King or Queen’s court b. High court c. Magistrate’s Court d. Principal Traditional Leader’s court In original customary law, criminal actions instituted in customary courts did NOT include …. a. Murder cases. b. Contempt of the ruler. c. Contempt of court. d. Contractual debts. Clear my choice Question 14 Not yet answered Marked out of 1.00 Flag question Question text A and B who reside in KwaZulu Natal entered into a customary marriage on 15 January 2000. Which customary marriage type is applicable to them? a. Traditional customary marriage in terms of Act 38 of 1927. b. Customary marriage in terms of Act 120 of 1998. c. Customary Union applicable in KwaZulu Natal. d. Customary Union applicable in South Africa. Woman to woman marriages can be categorized as which of the following: a. Where a widow marries another woman to raise an heir for her late husband. b. A common occurrence in various communities in South Africa. c. A woman married by a woman to raise children for her brother’s house. d. A homosexual union concluded under customary law. Clear my choice Question 16 Not yet answered Marked out of 1.00 Flag question Question text A traditional leader may hear and decide civil cases … a. involving offences of murder in their communities. b. of people residing anywhere in South Africa. c. which are instituted by black people against black people. d. concerning nullity, divorce, or separation in respect of civil marriage between black people. In customary criminal cases, it was decided in R v Buthelezi that… a. the absent party must be held in contempt of court. b. a person may not be sentenced in their absence. c. judgement by default applies but the punishment of contempt of court will not apply. d. a case may be decided in the defendant’s absence. Clear my choice Question 18 Not yet answered Marked out of 1.00 Flag question Question text A traditional leader … a. may decide on any matter concerning nullity, divorce or separation in respect of civil marriage between black people. b. is prevented from punishing any person, including a non-black, for contempt of his court in facie curiae (in the face of the court). c. may impose a punishment which entails death, mutilation, grievous bodily harm or imprisonment. d. is competent to hear any crime in accordance with common law, African customary law or any statutory crime referred to by the Minister. Clear my choice The inquisitorial nature of the court proceedings means that … a. the court must try to establish the truth through questioning and cross-examination b. the court can make a ruling on evidence even if unsubstantiated. c. the court does not accept extra-judicial methods of proof to establish the truth. d. parties and their witnesses are given a specific opportunity to submit evidence to the court. Clear my choice Question 20 Not yet answered Marked out of 1.00 Flag question Question text A has initiated the process of lobolo with the family of the betrothed, B. During the betrothal process, it comes to light that A has impregnated C, a long-term girlfriend. B wishes to terminate the betrothal against the wishes of her family. Which of the following statements is true in terms of the termination of betrothal? a. B may only terminate the betrothal with the consent of her parents. b. B cannot terminate the betrothal as she is female, disallowed to decide. c. A and B can only terminate the betrothal if the decision is mutual. d. B can unilaterally terminate the betrothal without parental consent. X, a notorious drunkard, whilst walking to a wedding ceremony witnesses Y fiddling with his neighbour’s kraal. To his amazement, he realizes that Y is leading the cattle out of the kraal and away from the property. Two weeks later, X arrives drunk at the traditional court to give evidence of the theft he witnessed. According to the principles of the traditional court, should X be allowed to give evidence? a. X can give evidence if the court allows him to sober up first. b. X cannot give evidence because he is intoxicated and thus his evidence will be questionable. c. X cannot give evidence because he is known as a village drunk. d. X can only give evidence if there is another person available to corroborate his story. Clear my choice Question 22 Not yet answered Marked out of 1.00 Flag question Question text In Original customary law the traditional leader’s powers to hear cases were limited to … a. the place where the wronged party resides. b. black people residing in the traditional leader’s area. c. the area in which the wrongdoing occurred. d. the place of domicilium of the parties. The feature of customary law that depicts group orientation can be illustrated by the fact that… a. the parties to a marriage contract are the family groups. b. justice administration is entrusted to an appointed member of council. c. most contracts are concluded between individual members of a family. d. a wrongdoer is always liable as an individual for their acts. Clear my choice Question 24 Not yet answered Marked out of 1.00 Flag question Question text Which of the following statements depicts the informality of court procedure in African customary law? a. Proceedings do not follow a specifically prescribed formality. b. All court sessions disallow participation of all present in court. c. Parties are allowed to state their side of the matter. d. The court had a written record kept in former times. Clear my choice What action may a magistrate engage in after hearing an appeal from a traditional leader’s court? The magistrate … a. May not confirm or alter the conviction. b. Can set aside the sentence of the traditional leader totally. c. Can alter the sentence and order its appropriate satisfaction. d. May impose a fine in excess of forty rands. (R40) Clear my choice Question 26 Not yet answered Marked out of 1.00 Flag question Question text Which of the following factors may NOT be considered as a mitigating circumstance when punishment is considered? a. Diminished liability b. Provocation c. the insignificance of the offence d. Repeated perpetration of crimes. Clear my choice Which of the following is NOT a requirement for a customary Union marriage according to the Code of Zulu Law? a. Consent of the bridegroom’s father to the customary marriage. b. A public declaration of the groom consenting to the marriage. c. A public declaration by the bride consenting to the customary marriage. d. Consent of the bride’s father to the customary marriage Clear my choice Question 30 Not yet answered Marked out of 1.00 Flag question Question text On the night of November 25th, A and B enter C’s home with the intention of robbing him. A and B were told by D that C has inherited jewelry from his father and keeps it in a box in his closet. What role does D play in this crime? a. D is the main conspirator. b. D is an accomplice. c. D is a co-perpertrator. d. D is a co-conspirator. Clear my choice The distinction between customary public law and customary private law is that customary public law includes customary …as one of the subdivisions of the law. a. law of persons. b. family law c. law of succession. d. constitutional law Clear my choice Question 34 Not yet answered Marked out of 1.00 Flag question Question text Which of the following acts constitutes a crime in African Customary law? a. A does not like B. he is threatening of possible ways of killing B. b. X is charged by the traditional leader to vacate land identified by the elders for community projects but refuses. c. S enters T’s house intending to steal some goods, but before he does, the alarm is triggered, and he runs away. d. D sleepwalks one night and causes a burning candle to fall leading to burning a house. Clear my choice The distinction between customary public law and customary private law is that customary public law includes customary …as one of the subdivisions of the law. a. law of persons. b. family law c. law of succession. d. constitutional law Clear my choice Question 34 Not yet answered Marked out of 1.00 Flag question Question text Which of the following acts constitutes a crime in African Customary law? a. A does not like B. he is threatening of possible ways of killing B. b. X is charged by the traditional leader to vacate land identified by the elders for community projects but refuses. c. S enters T’s house intending to steal some goods, but before he does, the alarm is triggered, and he runs away. d. D sleepwalks one night and causes a burning candle to fall leading to burning a house. Clear my choice The differences between customary civil cases and customary criminal cases are that in criminal cases… a. actions can be instituted for the reparation of damage. b. punishment may be in the form of retributive justice. c. the criminal actions are instituted against the offender by the traditional authority. d. the parties are referred to as the complainant and the plaintiff. Clear my choice Question 36 Not yet answered Marked out of 1.00 Flag question Question text Functions of the National House of traditional leaders include, to a. Participate in local programs that have the development of rural communities as an object. b. Participate in local initiatives that are aimed at monitoring traditional leadership matters. c. Advise the district municipality or metropolitan municipality on matters that pertain customary law. d. Consider parliamentary Bills referred to it in terms of the Traditional Governance Framework act 41 of 2003. A has initiated the process of lobolo with the family of the betrothed, B. During the betrothal process, it comes to light that A has impregnated C, a long-term girlfriend. B wishes to terminate the betrothal against the wishes of her families. Which of the following statements is correct and applicable towards the termination of betrothal? a. B can unilaterally terminate the betrothal as it is with good cause. b. A and B can only terminate the betrothal if the decision is mutual. c. B cannot make a decision to terminate the betrothal as a woman. d. B may only terminate the betrothal with the consent of her parents. Clear my choice Question 38 Not yet answered Marked out of 1.00 Flag question Question text Which of the following statements is true? According to the customary law of succession in Kwa-Zulu Natal… a. succession can take place while the family head is still alive. b. “succession” is a duty that can be relinquished or ceded. c. a successor succeeds to the assets and all the debts of his predecessor in KwaZulu-Natal. d. a successor may never be removed from the line of succession. Clear my choice Which statement refers to a principle of judgement in African customary courts? a. Nowadays judgement can take the form of banishment from the community… b. Courts are bound to previous judgement in comparable cases. c. Each case is judged on the law and customs prevailing. d. The court decides after considering all relevant information. Clear my choice Question 42 Not yet answered Marked out of 1.00 Flag question Question text Which of the following statements is NOT true in respect of the implications for section 30 and 31 of the Constitution of South Africa, 1996? The implication is that the state must… a. allow only black South Africans a right to language and culture. b. preserve the existence and identity of cultural groups. c. allow diversity in South Africa. d. not discriminate against any particular cultural group. Which one of the following is not a requirement for a traditional customary marriage? a. There must be consensus between the two-family groups concerned regarding the negotiations to the marriage. b. The bride must be transferred by her family to the man’s family group. c. The man must not already be involved in a marital union. d. The man and the woman concerned must not be related to one another within the prohibited degree of kinship. Clear my choice Question 44 Not yet answered Marked out of 1.00 Flag question Question text African customary law of evidence is based on … a. custom that consists of formal rules. b. reasonableness and effectiveness. c. technical grounds for judgement. d. the merits based on formal rules. Which one of the following sections in the Constitution of South Africa does NOT signify recognition of customary law? a. Section 31 b. Section 2 c. Section 112 d. Section 15 Clear my choice Question 46 Not yet answered Marked out of 1.00 Flag question Question text The applicable Northern Sotho saying that signifies the fact that all parties to a case must be present at the hearing is …. a. Molato ga o lefiwe ka o mongwe (one debt is not settled by another). b. Mpa e sekona ke moladi wa rona (a pregnancy is decided on with the sleeping partner). c. Molato ga o rere o mongwe (one debt is not heard by another). d. Maebana, mabedi ga a rakwe (two doves cannot be followed at the same time). A and B are married under customary law. During the subsistence of the marriage, A becomes involved me with C and desires to marry under common law. In lieu of the Recognition of Customary Marriages Act, which of the following statements is true? a. A and C cannot enter into a civil marriage but can only enter into a customary marriage. b. A and C can enter into a civil marriage which will automatically nullify A and B’s customary marriage. c. A and C may only enter into a civil marriage with the express consent of B. d. A and C can enter into a civil marriage under the condition that A and B convert their marriage into a civil marriage. Clear my choice Question 48 Not yet answered Marked out of 1.00 Flag question Question text In customary law, house property … a. belongs to a particular house under the household. b. is unilaterally controlled by the family head. c. may be defined as property that belongs to a person who has acquired it. d. includes property of the family head’s mother’s house to which he has succeeded. Which of the following is NOT an example of house property? a. Compensation for the wife’s adultery or the seduction of any of the daughters b. Crops from the fields belonging to the house c. Marriage goods (lobola) received for the daughters of the house d. Property of the family head’s mother’s house to which he has succeeded. Clear my choice Question 50 Not yet answered Marked out of 1.00 Flag question Question text Which of the following statements is correct regarding the concept of succession? a. The successor takes the place of the deceased and gains control over the property. b. The division of assets can take place according to the provisions of a will. c. Succession is mainly concerned with the division of the assets of a deceased person. d. If the liabilities exceed the assets, the heirs inherit nothin