Multiple choice questions and answers for exam and assignments
preparation
1. One of the indications that fundamental rights have priority over customary
law is the …
(1) rights in the Bill of Rights may be limited by any law
(2) courts must promote the values that underline an undemocratic society
(3) Bill of Rights is only applicable to customary law
(4) Constitution is the supreme law
Answer: 4. Constitution is the supreme law (SG pg. 28)
2. Specialized and unspecialized systems are different because in the
unspecialized systems…
(1) emphasis falls strongly on the group
(2) a transgression of the law and legal rules will have certain, specific
consequences for the transgression
(3) relations are governed by the law
(4) discussions are only taken by the family head
Answer: 1.
In unspecialised legal systems, emphasis falls strongly on the group rather than on
the individual. The individual functions entirely within the context of the group. In
specialised legal system, the emphasis falls very strongly on the individual. See
page 18 of the study guide.
3. Which of the following statements is NOT applicable where either of the
prospective spouses to a customary marriage is a minor
(1) Both his or her parents or if he or she has no parents, his or her legal guardian
must consent to the marriage
(2) The commissioner of child welfare may grant consent to the marriage if the
consent of the parent or guardian cannot be obtained
(3) The commissioner of child welfare may give consent even if either of the parents
or guardian refuses to grant consent
(4) The Minister of Home Affairs may grant written permission to conclude the
marriage
Answer: 3.