Semester 2 2024
.How does modern customary law differ from original customary law in the agnatic group - ANSWER-
Emphasis is on the individual but the individual should not be separated from the group
.How does modern customary law differ in law of persons from original customary law - ANSWER-The
emphasis is on the individual person as a human being. The individual is the bearer of rights,powers and
duties
.Isihewula beast (Southern Nguni) - ANSWER-A beast given for defloration of a women
.Legal subject - ANSWER-Any human being who can be the bearer of rights and duties
.Name the 3 important competencies (powers derived directly from objective law) - ANSWER-Legal
capacity
Contractual capacity
Capacity to appear in court
.Original customary law - ANSWER-Customary laws of the indigenous African people prior to the
enactment of the Black Administration Act 38 of 1927
.Private law - ANSWER-Describes the legal relationships between individuals and groups in their capacity
as private persons
.Public law - ANSWER-Legal relations between a goverment and its subjects
.Theleka - ANSWER-Xhosa custom where woman's family impounds her and keeps her till the husband
delivers marriage goods
.What does status do? - ANSWER-It either gives or denys an individual certain powers