IND2601
EXAM PACK
FOR ASSISTANCE WITH THIS MODULE +27 67 171 1739
,IND2601 OCTOBER NOVEMBER 2025 EXAM MEMO
SET A
Question 1
A and B are married under customary law. While the marriage still exists, A falls in love with
C and wishes to marry her under civil law without dissolving the customary marriage. C
believes that consent from B will make the civil marriage valid. Which statement correctly
reflects the position under the Recognition of Customary Marriages Act?
a. A may marry C under civil law if B gives written consent
b. A may marry C under civil law if the customary marriage is registered
c. A and C cannot enter into a civil marriage but may only enter into a customary
marriage
d. A may enter into a civil marriage which automatically dissolves the customary marriage
Under the Act, a spouse in a subsisting customary marriage may not contract a civil
marriage. Only another customary marriage is permitted.
Question 2
Before constitutional reforms, the intestate estate of an African person who died without a
will was handled by a specific authority in the area where the deceased lived. Which
authority was responsible before 6 December 2002?
a. The Master of the High Court
b. The local magistrate in whose area the deceased resided
c. The traditional leader
d. The family elders
Prior to reforms, magistrates administered intestate estates of African persons.
Question 3
During a customary court hearing, elders decide to visit the scene where a fence was
allegedly destroyed in a land dispute. This process is known as:
a. Cross-examination
b. Extra-judicial proof
c. An in-situ investigation
d. Physical evidence inspection
An in-situ investigation involves the court observing the place where the incident occurred.
,Question 4
Which property would be classified as general property under original customary law?
a. Personal clothing and weapons
b. Marriage goods given to a wife
c. Property of the family head’s mother’s house to which he succeeded
d. Earnings of individual family members
General property relates to property attached to the lineage rather than individuals.
Question 5
During a traditional court hearing, a witness deliberately gives false testimony. This conduct
is referred to as:
a. Mendacity
b. Prescription
c. Contempt
d. Default
Mendacity means lying in court.
Question 6
Which scenario best illustrates group orientation in customary law?
a. A man personally sues another for damages
b. Families negotiate marriage arrangements on behalf of spouses
c. Individuals contract without family involvement
d. Courts rely only on written evidence
Customary law emphasises the collective rather than the individual.
Question 7
A newly formed traditional community wishes to appoint a senior traditional leader. Which
authority must formally recognise the appointment?
a. The President
b. The National House of Traditional Leaders
, c. The Premier of the province
d. Parliament
The Premier has authority to recognise senior traditional leaders.
Question 8
The Traditional Leadership and Governance Framework Act introduced which category of
traditional communities?
a. Regent traditional communities
b. Senior traditional communities
c. Principal traditional communities
d. Kingship councils
The Act formally recognises principal traditional communities.
Question 9
Which conduct constitutes a crime under African customary law?
a. Threatening language without action
b. Accidental destruction caused while sleepwalking
c. Attempted theft without completion
d. Refusal to comply with a lawful order by a traditional authority
Defiance of lawful communal authority is regarded as a crime.
Question 10
Which presumption applies in indigenous law?
a. Children born to a married woman are presumed to be her husband’s children
b. Adults are presumed insane
c. Clothing may freely be entrusted to strangers
d. Corporal punishment is presumed consented to
Lobolo creates a presumption of paternity.
Question 11
EXAM PACK
FOR ASSISTANCE WITH THIS MODULE +27 67 171 1739
,IND2601 OCTOBER NOVEMBER 2025 EXAM MEMO
SET A
Question 1
A and B are married under customary law. While the marriage still exists, A falls in love with
C and wishes to marry her under civil law without dissolving the customary marriage. C
believes that consent from B will make the civil marriage valid. Which statement correctly
reflects the position under the Recognition of Customary Marriages Act?
a. A may marry C under civil law if B gives written consent
b. A may marry C under civil law if the customary marriage is registered
c. A and C cannot enter into a civil marriage but may only enter into a customary
marriage
d. A may enter into a civil marriage which automatically dissolves the customary marriage
Under the Act, a spouse in a subsisting customary marriage may not contract a civil
marriage. Only another customary marriage is permitted.
Question 2
Before constitutional reforms, the intestate estate of an African person who died without a
will was handled by a specific authority in the area where the deceased lived. Which
authority was responsible before 6 December 2002?
a. The Master of the High Court
b. The local magistrate in whose area the deceased resided
c. The traditional leader
d. The family elders
Prior to reforms, magistrates administered intestate estates of African persons.
Question 3
During a customary court hearing, elders decide to visit the scene where a fence was
allegedly destroyed in a land dispute. This process is known as:
a. Cross-examination
b. Extra-judicial proof
c. An in-situ investigation
d. Physical evidence inspection
An in-situ investigation involves the court observing the place where the incident occurred.
,Question 4
Which property would be classified as general property under original customary law?
a. Personal clothing and weapons
b. Marriage goods given to a wife
c. Property of the family head’s mother’s house to which he succeeded
d. Earnings of individual family members
General property relates to property attached to the lineage rather than individuals.
Question 5
During a traditional court hearing, a witness deliberately gives false testimony. This conduct
is referred to as:
a. Mendacity
b. Prescription
c. Contempt
d. Default
Mendacity means lying in court.
Question 6
Which scenario best illustrates group orientation in customary law?
a. A man personally sues another for damages
b. Families negotiate marriage arrangements on behalf of spouses
c. Individuals contract without family involvement
d. Courts rely only on written evidence
Customary law emphasises the collective rather than the individual.
Question 7
A newly formed traditional community wishes to appoint a senior traditional leader. Which
authority must formally recognise the appointment?
a. The President
b. The National House of Traditional Leaders
, c. The Premier of the province
d. Parliament
The Premier has authority to recognise senior traditional leaders.
Question 8
The Traditional Leadership and Governance Framework Act introduced which category of
traditional communities?
a. Regent traditional communities
b. Senior traditional communities
c. Principal traditional communities
d. Kingship councils
The Act formally recognises principal traditional communities.
Question 9
Which conduct constitutes a crime under African customary law?
a. Threatening language without action
b. Accidental destruction caused while sleepwalking
c. Attempted theft without completion
d. Refusal to comply with a lawful order by a traditional authority
Defiance of lawful communal authority is regarded as a crime.
Question 10
Which presumption applies in indigenous law?
a. Children born to a married woman are presumed to be her husband’s children
b. Adults are presumed insane
c. Clothing may freely be entrusted to strangers
d. Corporal punishment is presumed consented to
Lobolo creates a presumption of paternity.
Question 11
