IND2601
EXAM PACK
FOR ASSISTANCE WITH THIS MODULE +27 67 171 1739
,SPECIALISED AND UNSPECIALISED SYSTEMS ARE DIFFERENT BECAUSE IN
THE UNSPECIALISED SYSTEMS ….
A) a transgression of the law and legal rules will have certain, specific consequences
for the transgressors.
B) EMPHASIS FALLS STRONGLY ON THE GROUP AND NOT INDIVIDUAL
MEMBERS IN ALL MATTERS.
C) relations between the community members are always governed by law.
D) decisions are only taken by the family head within a family group.
Answer: B
3. WHICH ONE OF THE FOLLOWING SECTIONS IN THE CONSTITUTION OF
SOUTH AFRICA DOES NOT SIGNIFY RECOGNITION OF CUSTOMARY
LAW?
A) Section 112
B) Section 15
C) SECTION 31
D) Section 2
4. THE DEFINITION OF CUSTOMARY LAW IS FOUND IN WHICH OF THE
FOLLOWING LEGISLATION?
A) Section 1 of the Traditional Leadership and Governance Framework Act 41 of
2003.
B) Section 1 of the Recognition of Customary Marriages Act 120 of 1998.
C) Section 1 of the Reform of Customary Law of succession and Regulation of
Related Matters Act 11 of 2009.
D) SECTION 1 OF THE BACK ADMINISTRATION ACT 28 OF 1927.
5. THE CONFLICT BETWEEN CUSTOMARY LAW NORMS AND PROVISIONS
OF FUNDAMENTAL RIGHTS OUTLAWING DISCRIMINATION.
A) is not specifically resolved by the Constitution
B) is directly regulated by section 2 and 36(i) of the Constitution
C) is directly regulated by 5(8)(i) of the Constitution
D) is specifically resolved by the provisions of section 8 and 39(i) of the
Constitution
, 6. THE DISTINCTION BETWEEN CUSTOMARY PUBLIC LAW AND
CUSTOMARY PRIVATE LAW IS THAT CUSTOMARY PUBLIC LAW
INCLUDES CUSTOMARY …AS ONE OF THE SUBDIVISIONS OF THE LAW.
A) CONSTITUTIONAL LAW
B) law of persons.
C) law of succession.
D) family law
7. WHICH OF THE FOLLOWING STATEMENTS IS NOT TRUE IN RESPECT OF
THE IMPLICATIONS FOR SECTION 30 AND 31 OF THE CONSTITUTION OF
SOUTH AFRICA, 1996? THE IMPLICATION IS THAT THE STATE MUST…
A) allow diversity in South Africa.
B) preserve the existence and identity of cultural groups.
C) not discriminate against any particular cultural group.
D) ALLOW ONLY BLACK SOUTH AFRICANS A RIGHT TO LANGUAGE AND
CULTURE.
8. The role of magico-religious conceptions in African customary law implies
that…
a. there are supernatural powers at work in the universe that may be used as
a person for his or her own ends.
b. AFTER DEATH A PERSON CONTINUES TO LIVE IN A SPIRITUAL
WORLD MORE OR LESS ON THE SAME WAY AS HE OR SHE DID ON
EARTH.
c. disregard of or deviation from rules of living may lead to punishment by
supernatural powers derived from sorceries.
d. The Holy Spirit that is equivalent to ancestral powers that all human
beings are endowed with at death.
9. The characteristic of customary law that is expressed as group versus
individual orientation means that…
A) emphasis of the law is placed on the parties concerned in a dispute.
B) INDIVIDUALS FUNCTION WITHIN THE CONTEXT OF THE GROUP TO
WHICH THEY BELONG.
, C) although the family head was nominally the owner of the family property, he
was not liable for debts of the other members of the family home.
D) the rights emanating from the seduction of a girl could only be claimed from the
perpetrator by herself to the exclusion of family members.
10. WHICH STATEMENT IS APPLICABLE? PEOPLE VOLUNTARILY OBSERVE
LEGAL RULES AND THE RULES FOR LIVING IN AFRICAN CUSTOMARY
LAW BECAUSE OF THE FOLLOWING FACTORS:
A) The religious or sacral element of the law, the knowledge that if a person is
harmed, that person will endeavour to get compensation or will take measures
to protect him or herself, public opinion, and fear of punishment.
B) The religious which is holy element of the law, the knowledge that if a person
is harmed, that person will not to get compensation or will take measures to
protect him or herself, public opinion, and fear of punishment
C) The religious or sacral (holy) element of the law, private opinion and the
knowledge that if a person is harmed, that person will endeavour to get
compensation or will take measures to protect him or herself.
D) THE RELIGIOUS OR SACRAL (HOLY) ELEMENT OF THE LAW, THE
KNOWLEDGE THAT IF A PERSON IS HARMED, THAT PERSON WILL
ENDEAVOUR TO GET COMPENSATION OR WILL TAKE MEASURES TO
PROTECT HIM OR HERSELF, FEAR OF PUNISHMENT AND THE FACT
THAT ONLY THE INDIGENOUS LEADERS IN THE COMMUNITY HAVE A
BROAD GENERAL KNOWLEDGE OF THE LAW.
11. SECTION 36(2) STATES THAT:
a. “The court must promote the values that underlie an open and democratic society
based on human dignity, equality and freedom in interpreting the Bill of Rights.”
b. “IN INTERPRETING ANY LAW AND APPLYING AND DEVELOPING COMMON
AND CUSTOMARY LAW, THE COURTS MUST HAVE DUE REGARD FOR THE
SPIRIT, PURPORT AND OBJECTS OF THE BILL OF RIGHTS.”
c. “The rights in the Bill of Rights to be limited by “law of general application”
(including customary law), provided that such limitation is reasonable and justifiable
in an open and democratic society.”
d. “No fundamental rights will be limited by any law, except as provided for under
section 36(1) or any other provision of the Constitution.”
12. WHICH SENTENCE BELOW MOST ACCURATELY DESCRIBES THE EFFECT
OF SECTION 39 OF THE CONSTITUTION?
EXAM PACK
FOR ASSISTANCE WITH THIS MODULE +27 67 171 1739
,SPECIALISED AND UNSPECIALISED SYSTEMS ARE DIFFERENT BECAUSE IN
THE UNSPECIALISED SYSTEMS ….
A) a transgression of the law and legal rules will have certain, specific consequences
for the transgressors.
B) EMPHASIS FALLS STRONGLY ON THE GROUP AND NOT INDIVIDUAL
MEMBERS IN ALL MATTERS.
C) relations between the community members are always governed by law.
D) decisions are only taken by the family head within a family group.
Answer: B
3. WHICH ONE OF THE FOLLOWING SECTIONS IN THE CONSTITUTION OF
SOUTH AFRICA DOES NOT SIGNIFY RECOGNITION OF CUSTOMARY
LAW?
A) Section 112
B) Section 15
C) SECTION 31
D) Section 2
4. THE DEFINITION OF CUSTOMARY LAW IS FOUND IN WHICH OF THE
FOLLOWING LEGISLATION?
A) Section 1 of the Traditional Leadership and Governance Framework Act 41 of
2003.
B) Section 1 of the Recognition of Customary Marriages Act 120 of 1998.
C) Section 1 of the Reform of Customary Law of succession and Regulation of
Related Matters Act 11 of 2009.
D) SECTION 1 OF THE BACK ADMINISTRATION ACT 28 OF 1927.
5. THE CONFLICT BETWEEN CUSTOMARY LAW NORMS AND PROVISIONS
OF FUNDAMENTAL RIGHTS OUTLAWING DISCRIMINATION.
A) is not specifically resolved by the Constitution
B) is directly regulated by section 2 and 36(i) of the Constitution
C) is directly regulated by 5(8)(i) of the Constitution
D) is specifically resolved by the provisions of section 8 and 39(i) of the
Constitution
, 6. THE DISTINCTION BETWEEN CUSTOMARY PUBLIC LAW AND
CUSTOMARY PRIVATE LAW IS THAT CUSTOMARY PUBLIC LAW
INCLUDES CUSTOMARY …AS ONE OF THE SUBDIVISIONS OF THE LAW.
A) CONSTITUTIONAL LAW
B) law of persons.
C) law of succession.
D) family law
7. WHICH OF THE FOLLOWING STATEMENTS IS NOT TRUE IN RESPECT OF
THE IMPLICATIONS FOR SECTION 30 AND 31 OF THE CONSTITUTION OF
SOUTH AFRICA, 1996? THE IMPLICATION IS THAT THE STATE MUST…
A) allow diversity in South Africa.
B) preserve the existence and identity of cultural groups.
C) not discriminate against any particular cultural group.
D) ALLOW ONLY BLACK SOUTH AFRICANS A RIGHT TO LANGUAGE AND
CULTURE.
8. The role of magico-religious conceptions in African customary law implies
that…
a. there are supernatural powers at work in the universe that may be used as
a person for his or her own ends.
b. AFTER DEATH A PERSON CONTINUES TO LIVE IN A SPIRITUAL
WORLD MORE OR LESS ON THE SAME WAY AS HE OR SHE DID ON
EARTH.
c. disregard of or deviation from rules of living may lead to punishment by
supernatural powers derived from sorceries.
d. The Holy Spirit that is equivalent to ancestral powers that all human
beings are endowed with at death.
9. The characteristic of customary law that is expressed as group versus
individual orientation means that…
A) emphasis of the law is placed on the parties concerned in a dispute.
B) INDIVIDUALS FUNCTION WITHIN THE CONTEXT OF THE GROUP TO
WHICH THEY BELONG.
, C) although the family head was nominally the owner of the family property, he
was not liable for debts of the other members of the family home.
D) the rights emanating from the seduction of a girl could only be claimed from the
perpetrator by herself to the exclusion of family members.
10. WHICH STATEMENT IS APPLICABLE? PEOPLE VOLUNTARILY OBSERVE
LEGAL RULES AND THE RULES FOR LIVING IN AFRICAN CUSTOMARY
LAW BECAUSE OF THE FOLLOWING FACTORS:
A) The religious or sacral element of the law, the knowledge that if a person is
harmed, that person will endeavour to get compensation or will take measures
to protect him or herself, public opinion, and fear of punishment.
B) The religious which is holy element of the law, the knowledge that if a person
is harmed, that person will not to get compensation or will take measures to
protect him or herself, public opinion, and fear of punishment
C) The religious or sacral (holy) element of the law, private opinion and the
knowledge that if a person is harmed, that person will endeavour to get
compensation or will take measures to protect him or herself.
D) THE RELIGIOUS OR SACRAL (HOLY) ELEMENT OF THE LAW, THE
KNOWLEDGE THAT IF A PERSON IS HARMED, THAT PERSON WILL
ENDEAVOUR TO GET COMPENSATION OR WILL TAKE MEASURES TO
PROTECT HIM OR HERSELF, FEAR OF PUNISHMENT AND THE FACT
THAT ONLY THE INDIGENOUS LEADERS IN THE COMMUNITY HAVE A
BROAD GENERAL KNOWLEDGE OF THE LAW.
11. SECTION 36(2) STATES THAT:
a. “The court must promote the values that underlie an open and democratic society
based on human dignity, equality and freedom in interpreting the Bill of Rights.”
b. “IN INTERPRETING ANY LAW AND APPLYING AND DEVELOPING COMMON
AND CUSTOMARY LAW, THE COURTS MUST HAVE DUE REGARD FOR THE
SPIRIT, PURPORT AND OBJECTS OF THE BILL OF RIGHTS.”
c. “The rights in the Bill of Rights to be limited by “law of general application”
(including customary law), provided that such limitation is reasonable and justifiable
in an open and democratic society.”
d. “No fundamental rights will be limited by any law, except as provided for under
section 36(1) or any other provision of the Constitution.”
12. WHICH SENTENCE BELOW MOST ACCURATELY DESCRIBES THE EFFECT
OF SECTION 39 OF THE CONSTITUTION?
