1 IND2601
Multiple Choice
May/June 2018
QUESTIONS
1. Indigenous African people observe legal rules and most rules for living, due to factors such
as....
1) faithfulness to Christian values
2) fear of law-enforcing organs such as the police
3) public opt-non and the fear of punishment
4) the availability of courts and judges (2)
2. Specialised and unspecialised systems ate similar because...
1) emphasis falls strongly on the group
2) the relations governed by law are the same
3) concrete evidence IS very Important
4) law originates with the ancestors (2)
3. Which of the following factors influenced a person's status in customary law?
1) Wealth
2) Class
3) Popularity
4) Rank (2)
4. A customary marriage can only be dissolved...
1) on the grounds of the Irretrievable breakdown of the marriage
2) by a family court, or a competent division of the High COUN or a divorce court, or an
equality court
3) by the death of one of the spouses
4) If the court is satisfied that one of the parties has committed adultery resulting to the birth
of a child (2)
5. Which of the following courts are NOT recognised in terms of the Constitution to apply
indigenous law in South Africa?
,2 IND2601
Multiple Choice
1) Courts of Traditional Leaders
2) Magistrate Courts
3) Labour Courts
4) The Supreme Court (2)
6. 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
section 23 of the Black Administration Act 38 of 1927 and the regulations promulgated
thereunder to be unconstitutional and invalid because...
1) the Act was manifestly racist In Its purpose and effect because It disseminated on the
grounds of race and colour
2) the combined effect of section 23 and the regulations was to put in place a succession
scheme which discriminated on the basis of race and colour applying only to white people
3) the discrimination It perpetrated was an affront to the dignity of white persons
4) It was Inconsistent With the right to lie guaranteed in section 1 1 of the Constitution (2)
7. The following are some of the main principles of the customary law court.
1) Only adult males are free to attend the court sessions
2) The sessions of Indigenous courts are held in private
3) All parties must be represented doing trials
4) The onus IS on the accused to prove his Innocence In court (2)
8. Succession to traditional leadership in African customary law...
1) follows the principle of primogeniture
2) is gender neutral
3) is a hereditary system which follows the patrilineage
4) only happens where the traditional leader dies without brothers (2)
9. Which of the following is NOT an example of indigenous law determinations?
1) The allocation or refusal of residential and agricultural land
2) The permission or refusal of immigration or emigration
3) The permission or refusal to gather natural products from communal land
4) The allocation of date to families for burial purposes (2)
,3 IND2601
Multiple Choice
10. In terms of the Traditional Leadership and Governance Framework Act 41 of 2003, the
power to appoint a king vests with....
1) the president
2) the premiers of the different provinces
3) the National House of Traditional Leaders
4) Parliament (2)
May/June 2019
QUESTIONS
1. Which of the following is a constitutionally acceptable form of punishment in original
customary law?
1) The death penalty
2) A fine
3) Banishment
4) Imprisonment (2)
2. The main principles of the African customary court are
1) the onus is on the accused to prove his Innocence In court, the sessions of the customary
court are held in public, all court sessions are open to members of the public and may be
attended by any adult person, even strangers, all parties must be present during the trial,
legal representation was unknown, all proceedings were conducted orally and no written
record of cases was kept
2) the onus is on the accused to prove his Innocence In court, the sessions of the customary
court are held in camera, all court sessions are open to members of the public and may be
attended by any adult person, even strangers, all parties must be present during the trial,
legal representation was unknown, all proceedings were conducted orally and no written
record of cases was kept
3) the onus is on the accused to prove his Innocence In court, the sessions of the customary
court are held In public, all court sessions are open to members of the public and may be
attended by any adult person, even strangers, all parties may not be present during the
trial, thus judgment by default was known, legal representation was unknown, all
proceedings were conducted orally and no written record of cases was kept
, 4 IND2601
Multiple Choice
4) the onus is on the accused to prove his Innocence in court, the sessions of the customary
court are held in camera all court sessions are open to members of the public and may be
attended by any person, even children, all parties must be present during the trial, legal
representation was unknown, all proceedings were conducted orally and no written record
of cases was kept (2)
3. A traditional leader
1) may decide on any matter concerning nullity, divorce or separation in respect of a marriage
between black people
2) may Impose a punishment which entails death, mutilation, grievous bodily harm or
Imprisonment
3) Is competent to hear any crime in accordance with common law, African customary law or
any statutory crime referred to by the Minister
4) Is prevented from punishing any person, Including a non-black, for contempt of court in
facie curiae (In the face of the court) (2)
4. Indicate which statement is NOT correct. According to African customary law
1) the head of an agnatic group always Iiable for the conduct of members of his group
2) a stick-fight IS not a recognised cultural Institution and therefore Injuries sustained during
such a fight would be unlawful and tantamount to assault
3) it is accepted that a person may forcibly defend himself or his property, or other persons or
their property, against an unlawful attack without bang criminally liable
4) a small child and an Insane person are not criminally liable for their unlawful conduc (2)
5. In former days, the crime of contempt of the ruler was punished in one of the following
ways
1) a warning
2) Imprisonment
3) a fine
4) a reprimand (2)
6. Some of the powers and duties of the National House of Traditional Leaders include that
it
Multiple Choice
May/June 2018
QUESTIONS
1. Indigenous African people observe legal rules and most rules for living, due to factors such
as....
1) faithfulness to Christian values
2) fear of law-enforcing organs such as the police
3) public opt-non and the fear of punishment
4) the availability of courts and judges (2)
2. Specialised and unspecialised systems ate similar because...
1) emphasis falls strongly on the group
2) the relations governed by law are the same
3) concrete evidence IS very Important
4) law originates with the ancestors (2)
3. Which of the following factors influenced a person's status in customary law?
1) Wealth
2) Class
3) Popularity
4) Rank (2)
4. A customary marriage can only be dissolved...
1) on the grounds of the Irretrievable breakdown of the marriage
2) by a family court, or a competent division of the High COUN or a divorce court, or an
equality court
3) by the death of one of the spouses
4) If the court is satisfied that one of the parties has committed adultery resulting to the birth
of a child (2)
5. Which of the following courts are NOT recognised in terms of the Constitution to apply
indigenous law in South Africa?
,2 IND2601
Multiple Choice
1) Courts of Traditional Leaders
2) Magistrate Courts
3) Labour Courts
4) The Supreme Court (2)
6. 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
section 23 of the Black Administration Act 38 of 1927 and the regulations promulgated
thereunder to be unconstitutional and invalid because...
1) the Act was manifestly racist In Its purpose and effect because It disseminated on the
grounds of race and colour
2) the combined effect of section 23 and the regulations was to put in place a succession
scheme which discriminated on the basis of race and colour applying only to white people
3) the discrimination It perpetrated was an affront to the dignity of white persons
4) It was Inconsistent With the right to lie guaranteed in section 1 1 of the Constitution (2)
7. The following are some of the main principles of the customary law court.
1) Only adult males are free to attend the court sessions
2) The sessions of Indigenous courts are held in private
3) All parties must be represented doing trials
4) The onus IS on the accused to prove his Innocence In court (2)
8. Succession to traditional leadership in African customary law...
1) follows the principle of primogeniture
2) is gender neutral
3) is a hereditary system which follows the patrilineage
4) only happens where the traditional leader dies without brothers (2)
9. Which of the following is NOT an example of indigenous law determinations?
1) The allocation or refusal of residential and agricultural land
2) The permission or refusal of immigration or emigration
3) The permission or refusal to gather natural products from communal land
4) The allocation of date to families for burial purposes (2)
,3 IND2601
Multiple Choice
10. In terms of the Traditional Leadership and Governance Framework Act 41 of 2003, the
power to appoint a king vests with....
1) the president
2) the premiers of the different provinces
3) the National House of Traditional Leaders
4) Parliament (2)
May/June 2019
QUESTIONS
1. Which of the following is a constitutionally acceptable form of punishment in original
customary law?
1) The death penalty
2) A fine
3) Banishment
4) Imprisonment (2)
2. The main principles of the African customary court are
1) the onus is on the accused to prove his Innocence In court, the sessions of the customary
court are held in public, all court sessions are open to members of the public and may be
attended by any adult person, even strangers, all parties must be present during the trial,
legal representation was unknown, all proceedings were conducted orally and no written
record of cases was kept
2) the onus is on the accused to prove his Innocence In court, the sessions of the customary
court are held in camera, all court sessions are open to members of the public and may be
attended by any adult person, even strangers, all parties must be present during the trial,
legal representation was unknown, all proceedings were conducted orally and no written
record of cases was kept
3) the onus is on the accused to prove his Innocence In court, the sessions of the customary
court are held In public, all court sessions are open to members of the public and may be
attended by any adult person, even strangers, all parties may not be present during the
trial, thus judgment by default was known, legal representation was unknown, all
proceedings were conducted orally and no written record of cases was kept
, 4 IND2601
Multiple Choice
4) the onus is on the accused to prove his Innocence in court, the sessions of the customary
court are held in camera all court sessions are open to members of the public and may be
attended by any person, even children, all parties must be present during the trial, legal
representation was unknown, all proceedings were conducted orally and no written record
of cases was kept (2)
3. A traditional leader
1) may decide on any matter concerning nullity, divorce or separation in respect of a marriage
between black people
2) may Impose a punishment which entails death, mutilation, grievous bodily harm or
Imprisonment
3) Is competent to hear any crime in accordance with common law, African customary law or
any statutory crime referred to by the Minister
4) Is prevented from punishing any person, Including a non-black, for contempt of court in
facie curiae (In the face of the court) (2)
4. Indicate which statement is NOT correct. According to African customary law
1) the head of an agnatic group always Iiable for the conduct of members of his group
2) a stick-fight IS not a recognised cultural Institution and therefore Injuries sustained during
such a fight would be unlawful and tantamount to assault
3) it is accepted that a person may forcibly defend himself or his property, or other persons or
their property, against an unlawful attack without bang criminally liable
4) a small child and an Insane person are not criminally liable for their unlawful conduc (2)
5. In former days, the crime of contempt of the ruler was punished in one of the following
ways
1) a warning
2) Imprisonment
3) a fine
4) a reprimand (2)
6. Some of the powers and duties of the National House of Traditional Leaders include that
it
