Mcq Pack Ind2601

2018 QUESTION 1 One of the indications that fundamental rights have priority over customary law is that the… 1) rights in the Bill of Rights may be limited by any law. 2) courts must promote the values that underlie an undemocratic society. 3) Bill of Rights is only applicable to customary law. 4) Constitution is the supreme law. Section 8 (1) of the Constitution indicates that the Bill of Rights applies to all law, including customary law. See page 29 study guide. QUESTION 2 Specialized and unspecialized systems are different because in the unspecialized 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. 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. QUESTION 3 Which of the following factors influenced a person‟s status in customary law? c) wealth d) class e) popularity f) rank Rank plays a significant role in customary law and is one factor that may influence a person’s status. See page 41 of the study guide. QUESTION 4 The traditional indigenous marriage…… a) was dissolved by the husband and wife as individuals b) could only be dissolved by a court of law c) resulted in the establishment of a new house estate MCQ Pack 2020 for IND2601 Collected and combined By Jay (Tidimalo) d) could only be concluded between individuals who were majors One of the general consequences of the traditional indigenous marriage is that a new and separate unit, namely family or house, comes into being. See page 74 your study guide. QUESTION 5 Which of the following statement 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 The commissioner is not entitled to give consent if either of the parents or guardian refuses to grant consent. See page 62 of the study guide. QUESTION 6 A woman in customary law… (1) may never inherit property from her deceased father. (2) has equal status and capacity with her husband in a customary marriage. (3) cannot acquire and dispose of assets if she is a wife in a customary marriage. (4) can succeed to the position of family head at her husband‟s discretion. In terms of section 6 of Act 120 of 1998 a wife in customary marriage has, on the basis of equality with her husband and subject to the matrimonial property system governing the marriage, full status and capacity to acquire and dispose of assets and to enter into contracts and litigate. See page 71 of your study guide. QUESTION 7 Which of the following statements apply to the ukutheleka custom? (1) It is practised by all Sotho tribes (2) It entails that the wife is “kidnapped” by her people (3) It is used for the maintenance of the woman (4) It means that the lobolo is delivered in instalments. MCQ Pack 2020 for IND2601 Collected and combined By Jay (Tidimalo) The ukutheleka custom is found among some South Nguni, whereby the marriage goods are delivered in “instalments” after the wife has been transferred to her husband group. Please note that the word “kidnapped” as used in option 2 has some criminal connotation and has no place in African customary practices. See page 58 of the study guide. QUESTION 8 Section 211(3) of the 1996 Constitution has the following implications: a) The recognition and application of customary law is subject to the Bill of Rights. b) All courts may apply and must recognise customary law. c) It is not necessary for judges to have any formal training in customary law. d) The recognition and application of customary law is subject to general legislation. See page 25 of the study guide. QUESTION 9 In customary law, house property…….. 1) belongs to a particular house under the household as a whole. 2) is unilaterally controlled by the family head. 3) includes property of the family head‟s mother‟s house to which he has succeeded. 4) may be defined as property that belongs to a person who has acquired it , although it may be under the control of the family head. See page 92-93 of the study guide. Please note that although the property is controlled by the family head he does not unilaterally make decisions but do in consultation with the wife or the family. QUESTION 10 In the case of Bhe and Others v Magistrate, Khayelitsha, and Others (Commission for Gender Equality as Amicus Curiae) 2005 (1) BCLR 1 (CC), the court declared the whole of section 23 of the Black Administration Act 38 of 1927 and the regulations promulgated thereunder to be unconstitutional and invalid because…………. a) the Act was manifestly racist in its purpose and effect because it discriminated on the grounds of race and colour a) the combined effect of sec