CORRECT ANSWERS
Theleka - Correct AnswersXhosa custom where woman's family impounds her and
keeps her till the husband delivers marriage goods
Isihewula beast (Southern Nguni) - Correct AnswersA beast given for defloration of a
women
Public law - Correct AnswersLegal relations between a goverment and its subjects
Private law - Correct AnswersDescribes the legal relationships between individuals and
groups in their capacity as private persons
Legal subject - Correct AnswersAny human being who can be the bearer of rights and
duties
Original customary law - Correct AnswersCustomary laws of the indigenous African
people prior to the enactment of the Black Administration Act 38 of 1927
What factors influence a persons status in the agnatic group? - Correct Answersage,
sex, marital status, legitimacy or illegitimacy of birth, adoption, disinheritance, family and
house rank and mental state.
Who held the highest position in an agnatic group? - Correct AnswersThe head of the
agnatic group
How does modern customary law differ in law of persons from original customary law -
Correct AnswersThe emphasis is on the individual person as a human being. The
individual is the bearer of rights,powers and duties
How does modern customary law differ from original customary law in the agnatic group
- Correct AnswersEmphasis is on the individual but the individual should not be
separated from the group
What is status? - Correct AnswersRefers to the a persons legal position or standing and
it is this status that determines a persons powers
Name the 3 important competencies (powers derived directly from objective law) -
Correct AnswersLegal capacity
Contractual capacity
Capacity to appear in court
What is legal capacity? - Correct AnswersCapacity to have rights and duties