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IND2601
EXAM PACK
DISTINCTION QUALITY
UNISA EXAM
, IND2601 EXAM /QUIZ 2025
Question 1
ANSWER
Explain the legal significance of mangangahlaa.
Mangangahlaa holds legal significance as a form of court levy or additional
compensation ordered by customary courts. It is traditionally seen as compensation
to the court for the time its members have spent deliberating a case 1. The term,
used among Sotho-speaking groups, refers to the effort required to persuade a
difficult litigant of their guilt2.
1
Customary Law and Sentencing, 2024, p. 45.
traditional Courts Act 68 of 1951, s 9.
Historically, mangangahlaa was paid in the form of livestock, such as a goat or
cattle, which was then slaughtered and shared among the court members and
litigants3. This practice served both a reconciliatory and punitive function, helping to
eliminate lingering disputes in a tangible manner 4.
In some instances, mangangahlaa is ordered in cases of malicious damage or
when a litigant unreasonably refuses to settle a dispute5. In criminal matters, it may
be included as part of a fine, often used to provide food for the council and the
accused6.
Today, mangangahlaa is typically paid in monetary form and, under section 9 of Act
68 of 1951, is required to be deposited into the tribal fund 7. The court levy is
generally imposed on the party against whom judgment is given 8.
, ANSWER
Explain the legal significance of mangangahlaa.
Mangangahlaa holds legal significance as a form of court levy or additional
compensation ordered by customary courts. It is traditionally seen as compensation
to the court for the time its members have spent deliberating a case 1. The term,
used among Sotho-speaking groups, refers to the effort required to persuade a
difficult litigant of their guilt 2.
1
Customary Law and Sentencing, 2024, p. 45.
traditional Courts Act 68 of 1951, s 9.
Historically, mangangahlaa was paid in the form of livestock, such as a goat or
cattle, which was then slaughtered and shared among the court members and
litigants3. This practice served both a reconciliatory and punitive function, helping to
eliminate lingering disputes in a tangible manner 4.
In some instances, mangangahlaa is ordered in cases of malicious damage or
when a litigant unreasonably refuses to settle a dispute5. In criminal matters, it may
be included as part of a fine, often used to provide food for the council and the
accused6.
Today, mangangahlaa is typically paid in monetary form and, under section 9 of Act
68 of 1951, is required to be deposited into the tribal fund 7. The court levy is
generally imposed on the party against whom judgment is given 8.
, 1
Customary Law and Sentencing, 2024, p. 45.
traditional Courts Act 68 of 1951, s 9.
3
Mokoena, T. "The Role of Customary Courts in South Africa," Journal of African Law, 2019, p. 122.
4
Dlamini, P. "Reconciliation through Customary Practices," African Legal Studies, 2020, p. 78.
5
Customary Law and Sentencing, 2024, p. 47.
6
Nkosi, L. "Punitive Measures in African Customary Law," Law Review, 2021, p. 65.
traditional Courts Act 68 of 1951, s 9.
8
Mokoena, T. "The Role of Customary Courts in South Africa," Journal of African Law, 2019, p. 125.
Question 2
Kabelo, a traditional leader, recently issued several determinations. One of these
determinations was conveyed by Keletso, the inner council’s messenger, and was
directed at Thapelo’s family, ordering the family to move their homestead
immediately to an area designated by Kabelo so that he can allocate the land they
occupied to his long-time friend Thato. Thato is interested in this land to pursue his
personal farming ambitions. When Thapelo refused to move his homestead due to
the fact they the family still needed to collect their produce from the fields, Kabelo
ordered that he and his family be banished from the traditional area.
Evaluate the validity of the traditional leader’s actions in terms of the following
i) Author of the Determination
In customary law, a traditional leader has the authority to make determinations
regarding land allocation and community governance. However, this authority must
be exercised within the framework of customary law and constitutional principles1.
The decision to allocate land should follow customary procedures and should not
infringe upon the rights of others arbitrarily2. Kabelo’s determination, made for
personal reasons, does not align with the principles of fairness and community
interest, which are fundamental to traditional leadership3.
(ii) Form of the Order
Orders issued by traditional leaders must follow proper procedural fairness, allowing
affected individuals to present their case before a final decision is made4. Kabelo’s
IND2601
EXAM PACK
DISTINCTION QUALITY
UNISA EXAM
, IND2601 EXAM /QUIZ 2025
Question 1
ANSWER
Explain the legal significance of mangangahlaa.
Mangangahlaa holds legal significance as a form of court levy or additional
compensation ordered by customary courts. It is traditionally seen as compensation
to the court for the time its members have spent deliberating a case 1. The term,
used among Sotho-speaking groups, refers to the effort required to persuade a
difficult litigant of their guilt2.
1
Customary Law and Sentencing, 2024, p. 45.
traditional Courts Act 68 of 1951, s 9.
Historically, mangangahlaa was paid in the form of livestock, such as a goat or
cattle, which was then slaughtered and shared among the court members and
litigants3. This practice served both a reconciliatory and punitive function, helping to
eliminate lingering disputes in a tangible manner 4.
In some instances, mangangahlaa is ordered in cases of malicious damage or
when a litigant unreasonably refuses to settle a dispute5. In criminal matters, it may
be included as part of a fine, often used to provide food for the council and the
accused6.
Today, mangangahlaa is typically paid in monetary form and, under section 9 of Act
68 of 1951, is required to be deposited into the tribal fund 7. The court levy is
generally imposed on the party against whom judgment is given 8.
, ANSWER
Explain the legal significance of mangangahlaa.
Mangangahlaa holds legal significance as a form of court levy or additional
compensation ordered by customary courts. It is traditionally seen as compensation
to the court for the time its members have spent deliberating a case 1. The term,
used among Sotho-speaking groups, refers to the effort required to persuade a
difficult litigant of their guilt 2.
1
Customary Law and Sentencing, 2024, p. 45.
traditional Courts Act 68 of 1951, s 9.
Historically, mangangahlaa was paid in the form of livestock, such as a goat or
cattle, which was then slaughtered and shared among the court members and
litigants3. This practice served both a reconciliatory and punitive function, helping to
eliminate lingering disputes in a tangible manner 4.
In some instances, mangangahlaa is ordered in cases of malicious damage or
when a litigant unreasonably refuses to settle a dispute5. In criminal matters, it may
be included as part of a fine, often used to provide food for the council and the
accused6.
Today, mangangahlaa is typically paid in monetary form and, under section 9 of Act
68 of 1951, is required to be deposited into the tribal fund 7. The court levy is
generally imposed on the party against whom judgment is given 8.
, 1
Customary Law and Sentencing, 2024, p. 45.
traditional Courts Act 68 of 1951, s 9.
3
Mokoena, T. "The Role of Customary Courts in South Africa," Journal of African Law, 2019, p. 122.
4
Dlamini, P. "Reconciliation through Customary Practices," African Legal Studies, 2020, p. 78.
5
Customary Law and Sentencing, 2024, p. 47.
6
Nkosi, L. "Punitive Measures in African Customary Law," Law Review, 2021, p. 65.
traditional Courts Act 68 of 1951, s 9.
8
Mokoena, T. "The Role of Customary Courts in South Africa," Journal of African Law, 2019, p. 125.
Question 2
Kabelo, a traditional leader, recently issued several determinations. One of these
determinations was conveyed by Keletso, the inner council’s messenger, and was
directed at Thapelo’s family, ordering the family to move their homestead
immediately to an area designated by Kabelo so that he can allocate the land they
occupied to his long-time friend Thato. Thato is interested in this land to pursue his
personal farming ambitions. When Thapelo refused to move his homestead due to
the fact they the family still needed to collect their produce from the fields, Kabelo
ordered that he and his family be banished from the traditional area.
Evaluate the validity of the traditional leader’s actions in terms of the following
i) Author of the Determination
In customary law, a traditional leader has the authority to make determinations
regarding land allocation and community governance. However, this authority must
be exercised within the framework of customary law and constitutional principles1.
The decision to allocate land should follow customary procedures and should not
infringe upon the rights of others arbitrarily2. Kabelo’s determination, made for
personal reasons, does not align with the principles of fairness and community
interest, which are fundamental to traditional leadership3.
(ii) Form of the Order
Orders issued by traditional leaders must follow proper procedural fairness, allowing
affected individuals to present their case before a final decision is made4. Kabelo’s
