IND2601 Exam Flashcards

Flashcards for IND2601 Exam Review

Which of the following is a constitutionally acceptable form of punishment in African customary law?

A fine

The difference between customary civil cases and customary criminal cases are that in criminal cases…

The criminal actions are instituted against the offender by the traditional authority

The group has identified a leader amongst them and wishes to appoint him as a senior traditional leader in their new community. Who can they approach to make the appointment?

The Provincial House of Traditional Leaders

Which of the following is NOT an example of house property?

Property that the family head has earned through his occupation

A traditional leader…

Is prevented from punishing any person, including a non-black, for contempt of his court in facie curiae (in the face of the court)

The period within which a sentence of a customary court may be enforced in terms of formal law is…

If the notice of appeal has been received within 30 days after court registration

The presently accepted definition of customary law is held to be…

The customs and usages traditionally observed among the indigenous African customary people in South Africa which form a part of the culture of those people

One of the main objects of dispute resolution in customary law is to…

Reconcile the parties

Which of the following is NOT an example of general principles of the customary law of succession in terms of original customary law?

African people commonly disposed of their assets using a will

Which of the following forms of punishments determined by the traditional leader was considered to be in contradiction to the Constitution in S v Williams?

Corporeal punishment

Functions of the National House of traditional leaders include, to

Consider parliamentary Bills referred to it in terms of the Traditional Governance Framework act 41 of 2003

In African customary law… is an example of crime that can defile a community.

Rape

Which of the following statements is NOT true in respect of the implications of section30 and 31 of the Constitution of South Africa, 1996? The implication is that the state must…

Allow only black South Africans a right to language and culture

Which of the following statements apply to Lobolo?

It entitles a man to the child-bearing capacity of his wife after it has been paid fully to her family group

Which of the following is not a requirement for traditional customary marriage?

The man must not already be involved in a marital union

After 5 December 2002, all testate estate in excess of R125000 must be reported to…

The Master of the High Court for their administration

Which of the following statements is NOT true? When a tribal wife is appointed as a regent, typical problems that may arise in defining Traditional leadership will arise from situations where…

A wife who is not the tribal wife tries to usurp the traditional leadership with her son

Which of the following traditional leadership positions is recognised in law?

Deputy traditional leaders

If a plaintiff waits too long to institute an action, the court may refuse to hear the case because…

The matter has been prescribed

Modern trials in customary courts are held…

Open to the parties affected

Which of the following statements is NOT correct? The Recognition of Customary Marriages Act 120 of 1998 gives recognition to…

All customary unions

Before 6 December 2002, the estate of African persons who died intestate was administered by the…

Local magistrate in the area where the deceased lived

Regarding the important requirements of lobolo contract, which one of the following is NOT correct?

Lobolo payment must only be in the form of cattle

Succession to traditional leadership in African customary law…

Is a hereditary system which follows the patrilineage

In African customary law, the scope of private law includes the legal relationships between…

Individuals and groups as private persons

Which of the following is NOT considered and aggravating circumstances of punishment in African Customary law?

The age of the perpetrator

In terms of the Recognition of Customary Marriage Act…

The customary marriage is not void for failure to register

In customary criminal cases, it was decided in R v Buthelezi that…

A case may be decided in the defendant’s absence

A traditional leader may hear and decide civil cases…

Which are instituted by black people against black people

When House B institutes a claim in 2020 borrowed to House A in the year 2000 for payment of lobolo, the court can rule that…

The claim is legally brought before it as a claim for a debt does not decay

The rule on the admission of evidence in African customary law requires that…

Admissions made by a party outside the court may be used as evidence in court

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.

Constitutional law

Which of the following will the premier of a province engage in to recognise a senior traditional leader, headman or headwoman?

Issue a notice in the provincial gazette recognising the person so identified

Which of the following statements is correct regarding the concept of succession?

The successor takes the place of the deceased and gains control over the property

Which statement applies with respect to the punishment that a traditional leader may impose in accordance with section 20(2) of the Black Administration Act 38 of 1927

He may not impose punishment by death, mutilation and grievous bodily harm

Which section in the constitution guarantees the existence of customary courts?

Section 211(3) of Schedule 6

Which statement appropriately applies to the rule of the African customary law of evidence?

The court plays an active part in examining the parties and their witness

X and Y entered into a marriage on the 26 of August 1998 in Kwa-Zulu Natal. X, the husband, manages the family assets and controls the acquisition and disposal of such assets as the family head. According to the judgement in the case of Gumde v The President of the RSA (3) SA 152 (CC) which of the following statements is correct regarding the legality of X’s action?

Both spouses in customary marriage, irrespective of when it was concluded, have the right to control the marriage property thus the husband’s actions are incorrect

Functions of the National House of traditional leaders include, to

Consider parliamentary Bills referred to in terms of the Traditional Governance Framework Act 41 of 2003

The continuation of the courts of traditional authorities is, by implication, guaranteed by section….. of the constitution.

211(1) and (2)

Select the correct statement. In Southern Africa’s customary law, the offences that are harmful to the community…

Have certain consequences not approved of and are punishable

Which one of the following is not a requirement for a traditional customary marriage?

The bride must be transferred by her family to the man’s family group

The maxim: selepe ga se itheme (an axe does not chop itself) in customary court proceedings explain the principle that…

Nobody can judge their own case

The feature of customary law that depicts group orientation can be illiustrated by the fact that…

The parties to a marriage contract are the family groups

The meaning attached to the concept of a free system of evidence is that…

There are no formal rules of evidence and thus no evidential material is excluded

Which of the following statements is NOT correct? A consequence of polygynous marriage is that…

There are two or more families, and this family unit is known as the agnatic group

The role of magico-religious conceptions in African customary law implies that…

Disregard of or deviation from rules of living may lead to punishment by supernatural powers derived from sorceries

The definition of customary law is found in which of the following legislation?

Section 1 of the Traditional Leadership and Governance Framework Act 41 of 2003

Which of the following is considered one of the mitigation circumstances in the determination of punishment in African Customary law?

Insignificance of the offence

Which of the following is NOT an example of the difference between a crime and a delict?

In a crime, private property is affected, whereas, in a delict, the property of the community is affected