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IND2601: AFRICAN CUSTOMARY LAW
May/June Examination 2026 — Comprehensive Revision Guide
⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆
Law | College of Law | UNISA
Exam Revision Guide
IND2601
Module Code:
African Customary Law
Module Name:
May/June Examination 2026
Paper / Exam:
May/June 2023 & Oct/Nov 2023 Past Papers
Based On:
50 MCQs × 2 marks each
Format:
100 Marks
Total Marks:
2 Hours
Duration:
Use this guide to revise thoroughly. Focus on understanding, not memorisation.
Exam Revision Notes | IND2601 | 2026
,IND2601 | Exam Revision African Customary Law
Question 1 [2 marks]
Question: “Customary law means the customs and usages traditionally observed among
indigenous African peoples of South Africa and which form part of the culture of those
people.” This definition is found in:
A. Section 1 of the Recognition of Customary Marriages Act 120 of 1998
B. Section 1 of the Traditional Leadership and Governance Framework Act 41 of 2003
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 Black Administration Act 38 of 1927
Answer: Correct answer: A — Section 1 of the Recognition of Customary
Marriages Act 120 of 1998.
The statutory definition of customary law that examiners test most often comes from
the Recognition of Customary Marriages Act (RCMA) 120 of 1998. Section
1 of that Act defines customary law as the customs and usages traditionally observed
among indigenous African peoples of South Africa that form part of those peoples’
culture. This definition is significant because the RCMA is the primary legislation gov-
erning customary marriages in post-apartheid South Africa.
Exam Tip
Do not confuse this with the Traditional Leadership and Governance Framework
Act 41 of 2003 (which defines “traditional community” and “traditional leader”) or
the Reform of Customary Law of Succession Act 11 of 2009 (which defines terms
like “descendant” and “spouse”). Each statute has its own key definitions — learn
which definition lives in which Act.
Page 2 of 47
,IND2601 | Exam Revision African Customary Law
Question 2 [2 marks]
Question: The characteristic of customary law expressed as group versus individual
orientation means that:
A. Emphasis of the law is placed on the parties concerned in a dispute
B. The family head was nominally the owner of the family property but was not liable for
debts of other family members
C. Individuals function within the context of the group to which they belong
D. The rights emanating from the seduction of a girl could only be claimed by herself
Answer: Correct answer: C — Individuals function within the context of the
group to which they belong.
One of the defining features of African customary law is its communal or group-
oriented nature. Unlike Western legal systems that place individual rights at the
centre, customary law treats the individual primarily as a member of a family, clan, or
community. Decisions, obligations, and rights are understood in the context of group
membership rather than as isolated personal entitlements. This affects how property
is owned (family property rather than strictly individual property), how delicts are re-
solved (the family pays and receives compensation, not just the individual wrongdoer),
and how status is determined within the community.
Key Concept
Group orientation is one of the most frequently tested characteristics of customary
law. Remember that in customary law: family groups share liability for delicts,
the family head administers family property on behalf of the group, and disputes
aim to restore community harmony rather than punish individuals.
Page 3 of 47
, IND2601 | Exam Revision African Customary Law
Question 3 [2 marks]
Question: Which of the following is a constitutionally acceptable form of punish-
ment in African customary law?
A. Public flogging
B. Banishment
C. A fine
D. Imprisonment
Answer: Correct answer: C — A fine.
Section 12 of the Constitution prohibits cruel, inhuman, or degrading treatment or
punishment, and the Bill of Rights outlaws corporal punishment. This rules out public
flogging. Banishment (permanent expulsion from the community) raises serious con-
cerns around the right to freedom of movement (section 21) and dignity (section 10).
Imprisonment is a formal state sanction applied through courts of law.
A fine is the customary punishment that survives constitutional scrutiny most com-
fortably. It is restorative in nature — it compensates the victim or community without
violating any constitutional right. Fines are a standard outcome in customary courts and
are consistent with the restorative-justice character of customary dispute resolution.
Watch Out
Banishment is repeatedly tested because students assume it is simply a traditional
equivalent of exile. The Constitution’s section 21 right to freedom of movement
means that permanent banishment from a community is constitutionally problem-
atic, even though it was historically practised.
Question 4 [2 marks]
Question: One of the main objects of dispute resolution in customary law is to:
A. Determine the guilty party
B. Punish the guilty party
C. Share a meal after the trial
Page 4 of 47
]]
IND2601: AFRICAN CUSTOMARY LAW
May/June Examination 2026 — Comprehensive Revision Guide
⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆
Law | College of Law | UNISA
Exam Revision Guide
IND2601
Module Code:
African Customary Law
Module Name:
May/June Examination 2026
Paper / Exam:
May/June 2023 & Oct/Nov 2023 Past Papers
Based On:
50 MCQs × 2 marks each
Format:
100 Marks
Total Marks:
2 Hours
Duration:
Use this guide to revise thoroughly. Focus on understanding, not memorisation.
Exam Revision Notes | IND2601 | 2026
,IND2601 | Exam Revision African Customary Law
Question 1 [2 marks]
Question: “Customary law means the customs and usages traditionally observed among
indigenous African peoples of South Africa and which form part of the culture of those
people.” This definition is found in:
A. Section 1 of the Recognition of Customary Marriages Act 120 of 1998
B. Section 1 of the Traditional Leadership and Governance Framework Act 41 of 2003
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 Black Administration Act 38 of 1927
Answer: Correct answer: A — Section 1 of the Recognition of Customary
Marriages Act 120 of 1998.
The statutory definition of customary law that examiners test most often comes from
the Recognition of Customary Marriages Act (RCMA) 120 of 1998. Section
1 of that Act defines customary law as the customs and usages traditionally observed
among indigenous African peoples of South Africa that form part of those peoples’
culture. This definition is significant because the RCMA is the primary legislation gov-
erning customary marriages in post-apartheid South Africa.
Exam Tip
Do not confuse this with the Traditional Leadership and Governance Framework
Act 41 of 2003 (which defines “traditional community” and “traditional leader”) or
the Reform of Customary Law of Succession Act 11 of 2009 (which defines terms
like “descendant” and “spouse”). Each statute has its own key definitions — learn
which definition lives in which Act.
Page 2 of 47
,IND2601 | Exam Revision African Customary Law
Question 2 [2 marks]
Question: The characteristic of customary law expressed as group versus individual
orientation means that:
A. Emphasis of the law is placed on the parties concerned in a dispute
B. The family head was nominally the owner of the family property but was not liable for
debts of other family members
C. Individuals function within the context of the group to which they belong
D. The rights emanating from the seduction of a girl could only be claimed by herself
Answer: Correct answer: C — Individuals function within the context of the
group to which they belong.
One of the defining features of African customary law is its communal or group-
oriented nature. Unlike Western legal systems that place individual rights at the
centre, customary law treats the individual primarily as a member of a family, clan, or
community. Decisions, obligations, and rights are understood in the context of group
membership rather than as isolated personal entitlements. This affects how property
is owned (family property rather than strictly individual property), how delicts are re-
solved (the family pays and receives compensation, not just the individual wrongdoer),
and how status is determined within the community.
Key Concept
Group orientation is one of the most frequently tested characteristics of customary
law. Remember that in customary law: family groups share liability for delicts,
the family head administers family property on behalf of the group, and disputes
aim to restore community harmony rather than punish individuals.
Page 3 of 47
, IND2601 | Exam Revision African Customary Law
Question 3 [2 marks]
Question: Which of the following is a constitutionally acceptable form of punish-
ment in African customary law?
A. Public flogging
B. Banishment
C. A fine
D. Imprisonment
Answer: Correct answer: C — A fine.
Section 12 of the Constitution prohibits cruel, inhuman, or degrading treatment or
punishment, and the Bill of Rights outlaws corporal punishment. This rules out public
flogging. Banishment (permanent expulsion from the community) raises serious con-
cerns around the right to freedom of movement (section 21) and dignity (section 10).
Imprisonment is a formal state sanction applied through courts of law.
A fine is the customary punishment that survives constitutional scrutiny most com-
fortably. It is restorative in nature — it compensates the victim or community without
violating any constitutional right. Fines are a standard outcome in customary courts and
are consistent with the restorative-justice character of customary dispute resolution.
Watch Out
Banishment is repeatedly tested because students assume it is simply a traditional
equivalent of exile. The Constitution’s section 21 right to freedom of movement
means that permanent banishment from a community is constitutionally problem-
atic, even though it was historically practised.
Question 4 [2 marks]
Question: One of the main objects of dispute resolution in customary law is to:
A. Determine the guilty party
B. Punish the guilty party
C. Share a meal after the trial
Page 4 of 47
