CLA1501
QUESTIONS AND ANSWERS
QUESTION 1
Which ONE of the following is NOT an authoritative source of South African law?
1. Statute law
2. Customary law
3. The old authorities
4. Judgments of the superior courts
5. Foreign law Correct answer
Explanation
5 is the CORRECT answer. Foreign Law is NOT an authoritative source of South
African Law. It has persuasive authority only.
QUESTION 2
Which ONE of the following is NOT a requirement for a customary rule to be
recognised as a legal rule?
1. It must have existed for a long time and be reasonable.
2. It must be generally recognised and observed by the community.
3. The contents thereof must be certain and clear.
4. It must have been reduced to writing.
Explanation
4 is the CORRECT answer. It is NOT a requirement that a customary rule must have
been reduced to writing for it to be recognised as a legal rule.
QUESTION 3
Solomon works on a Welkom goldmine. Before leaving his home in Limpopo he
asked his nephew, Bheki, to look after his cattle during his absence and gave him
permission to use the cattle. Everyone in their village now considers the cattle to be
Bheki’s as Solomon has been gone for so long. Bheki uses the dung of the cattle to
fertilise his fields and he sells and consumes their milk.
Which ONE of the following statements is CORRECT under the circumstances?
1. Bheki is the usufructuary of the cattle. 1 is the CORRECT answer.
2. Bheki is the holder of a praedial servitude in the cattle.
QUESTIONS AND ANSWERS
QUESTION 1
Which ONE of the following is NOT an authoritative source of South African law?
1. Statute law
2. Customary law
3. The old authorities
4. Judgments of the superior courts
5. Foreign law Correct answer
Explanation
5 is the CORRECT answer. Foreign Law is NOT an authoritative source of South
African Law. It has persuasive authority only.
QUESTION 2
Which ONE of the following is NOT a requirement for a customary rule to be
recognised as a legal rule?
1. It must have existed for a long time and be reasonable.
2. It must be generally recognised and observed by the community.
3. The contents thereof must be certain and clear.
4. It must have been reduced to writing.
Explanation
4 is the CORRECT answer. It is NOT a requirement that a customary rule must have
been reduced to writing for it to be recognised as a legal rule.
QUESTION 3
Solomon works on a Welkom goldmine. Before leaving his home in Limpopo he
asked his nephew, Bheki, to look after his cattle during his absence and gave him
permission to use the cattle. Everyone in their village now considers the cattle to be
Bheki’s as Solomon has been gone for so long. Bheki uses the dung of the cattle to
fertilise his fields and he sells and consumes their milk.
Which ONE of the following statements is CORRECT under the circumstances?
1. Bheki is the usufructuary of the cattle. 1 is the CORRECT answer.
2. Bheki is the holder of a praedial servitude in the cattle.
