ND2601 EXAM PACK 2026/2027 African
Customary Law – Detailed Questions
and Correct Answers with Explanations
SECTION 1: INTRODUCTION TO AFRICAN CUSTOMARY LAW
Question 1
Which statement is correct regarding why people voluntarily observe legal
rules and rules for living in African customary law?
A) The religious or sacral element of the law, private opinion, and the
knowledge that if a person is harmed, that person will endeavour to get
compensation
B) The religious or sacral element of the law, the knowledge that if a person
is harmed, that person will endeavour to get compensation, fear of
punishment, and the fact that only indigenous leaders have broad general
knowledge of the law
C) The religious or sacral element of the law, the knowledge that if a person
is harmed, that person will endeavour to get compensation, public opinion,
and fear of punishment
D) The religious or sacral element of the law, the knowledge that if a person
is harmed, that person will endeavour to get compensation, and the
influence of police, courts and judges
Answer: C
Explanation: People observe legal rules in African customary law due to
multiple factors including the religious/sacral element of the law, the
,knowledge that harm will lead to compensation claims, public opinion, and
fear of punishment. The religious dimension is particularly significant as
customary law is intertwined with spiritual beliefs, and deviation from rules
may lead to supernatural punishment.
Question 2
Specialised and unspecialised systems are similar because...
A) Emphasis falls strongly on the group
B) The relations governed by law are the same
C) Concrete evidence is very important
D) Law originates with the ancestors
Answer: B
Explanation: Both specialised and unspecialised legal systems share the
similarity that the relations governed by law are the same—they both
regulate human conduct and social relations. The difference lies in how
these relations are expressed and formalised, not in what relations are
governed by law.
Question 3
Specialised and unspecialised systems are different because in
unspecialised systems...
A) Emphasis falls strongly on the group
B) A transgression of the law and legal rules will have certain, specific
consequences for the transgressors
C) Relations are governed by law
D) Decisions are only taken by the family head
Answer: A
, Explanation: Unspecialised legal systems (such as African customary law)
place strong emphasis on the group rather than the individual. This group
orientation means that individuals function within the context of the
community, and legal relations involve family groups rather than just
individuals.
Question 4
The concrete versus the abstract approach characteristic of customary law
means that...
A) While specialised legal systems adopt the abstract approach,
unspecialised legal systems are more concrete, real and visible in approach
B) Specialised legal systems are marked by visible acts such as signing 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
Answer: A
Explanation: Unspecialised legal systems (customary law) employ a
concrete approach where transactions and legal acts are visible and
tangible—for example, the transfer of a bride or the physical delivery of
lobolo cattle. Specialised legal systems use more abstract approaches
such as signing documents or registration. Customary law requires visible
acts to signify legal transactions.
Question 5
The characteristic of customary law expressed as "group versus individual
orientation" means that...
Customary Law – Detailed Questions
and Correct Answers with Explanations
SECTION 1: INTRODUCTION TO AFRICAN CUSTOMARY LAW
Question 1
Which statement is correct regarding why people voluntarily observe legal
rules and rules for living in African customary law?
A) The religious or sacral element of the law, private opinion, and the
knowledge that if a person is harmed, that person will endeavour to get
compensation
B) The religious or sacral element of the law, the knowledge that if a person
is harmed, that person will endeavour to get compensation, fear of
punishment, and the fact that only indigenous leaders have broad general
knowledge of the law
C) The religious or sacral element of the law, the knowledge that if a person
is harmed, that person will endeavour to get compensation, public opinion,
and fear of punishment
D) The religious or sacral element of the law, the knowledge that if a person
is harmed, that person will endeavour to get compensation, and the
influence of police, courts and judges
Answer: C
Explanation: People observe legal rules in African customary law due to
multiple factors including the religious/sacral element of the law, the
,knowledge that harm will lead to compensation claims, public opinion, and
fear of punishment. The religious dimension is particularly significant as
customary law is intertwined with spiritual beliefs, and deviation from rules
may lead to supernatural punishment.
Question 2
Specialised and unspecialised systems are similar because...
A) Emphasis falls strongly on the group
B) The relations governed by law are the same
C) Concrete evidence is very important
D) Law originates with the ancestors
Answer: B
Explanation: Both specialised and unspecialised legal systems share the
similarity that the relations governed by law are the same—they both
regulate human conduct and social relations. The difference lies in how
these relations are expressed and formalised, not in what relations are
governed by law.
Question 3
Specialised and unspecialised systems are different because in
unspecialised systems...
A) Emphasis falls strongly on the group
B) A transgression of the law and legal rules will have certain, specific
consequences for the transgressors
C) Relations are governed by law
D) Decisions are only taken by the family head
Answer: A
, Explanation: Unspecialised legal systems (such as African customary law)
place strong emphasis on the group rather than the individual. This group
orientation means that individuals function within the context of the
community, and legal relations involve family groups rather than just
individuals.
Question 4
The concrete versus the abstract approach characteristic of customary law
means that...
A) While specialised legal systems adopt the abstract approach,
unspecialised legal systems are more concrete, real and visible in approach
B) Specialised legal systems are marked by visible acts such as signing 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
Answer: A
Explanation: Unspecialised legal systems (customary law) employ a
concrete approach where transactions and legal acts are visible and
tangible—for example, the transfer of a bride or the physical delivery of
lobolo cattle. Specialised legal systems use more abstract approaches
such as signing documents or registration. Customary law requires visible
acts to signify legal transactions.
Question 5
The characteristic of customary law expressed as "group versus individual
orientation" means that...
