IND2601 MCQ PACK 2020/2021.

IND2601 MCQ PACK 2020/2021. IND2601 - African Customary Law. Which of the following statements is true in respect of punishment that a traditional leader may impose? 1) He may impose a sentence which entails death. 2) He may impose a fine of R400. 3) He may not impose corporal punishment. 4) He may impose a prison sentence. See page 151 of the study guide. QUESTION 17 Which of the following is an element of a crime in customary law ? 1 The act must be performed in broad daylight. 2 The act must be unlawful. 3 The act must be performed by several people against one person. 4 The act must be against cultural institutional actions. See page 147 of the study guide. QUESTION 18 In terms of the Traditional Leadership and Governance Framework Act 41 of 2003, the power to appoint a king vests with the…… 1) president. 2) premiers of the different provinces. 3) National House of Traditional Leaders. 4) parliament. Downloaded by: ResourceCentre9 | Distribution of this document is illegal S - The Marketplace to Buy and Sell your Study Material MCQ Pack 2020 for IND2601 Collected and combined By Jay (Tidimalo) See section 9 of the Traditional Leadership and Governance Framework Act 41 of 2003. QUESTION 19 The ukungena custom is applied where the…… 1 husband is incapable of having children. 2 husband dies without a son . 3 tribal wife dies without a son. 4 tribal wife is incapable of having children. The ukungena custom applies where a husband died without a son and the younger brother or a male relative of the deceased takes over the widow to produce a son who will carry on the family name of the deceased husband. QUESTION 20 Which of the following will the Premier of a province engage in to recognise a senior traditional leader, headman or headwoman? 1) issue a notice in the provincial gazette recognising the person so identified 2) call a tribal council meeting to announce the appointment. 3) appoint the particular traditional leader to the relevant House of Traditional leaders. 4) organise a celebration of the appointment in the community. See section 11 of the Traditional Leadership and Governance Framework Act 41 of 2003. Question 1 “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. “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 Section 1 of the Recognition of Customary Marriages Act 120 of 1998. Question 2 Downloaded by: ResourceCentre9 | Distribution of this document is illegal S - The Marketplace to Buy and Sell your Study Material MCQ Pack 2020 for IND2601 Collected and combined By Jay (Tidimalo) The characteristic of customary law that is expressed as group versus individual orientation means that… 1. emphasis of the law is placed on the parties concerned in a dispute 2. 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 3. individuals function within the context of the group to which they belong 4. the rights emanating from the seduction of a girl could only be claimed from the perpetrator by herself to the exclusion of family members The characteristic of customary law that is expressed as group versus individual orientation means that individuals function within the context of the group to which they belong. Question 3 One of the following sections in the Constitution of South Africa does not signify recognition of customary law. Which one is it? 1) Section 2 2) Section 15 3) Section 31 4) Section 112 The section in the Constitution of South Africa that does not signify recognition of customary law is Section 2. Question 4 Which of the following are some of the known presumptions in indigenous law? a) The children of a married woman are the children of her husband. b) An adult is insane until there is evidence to the contrary. c) A person may voluntarily entrust pieces of personal clothing to a stranger. d) A person may voluntarily lie prostrate to be hit at the back. Question 5 The group has identified a leader amongst them and wish to appoint him as a senior traditional leader in their new community. Whom can they approach to make the appointment? 1) The President of South Africa. 2) The Premier of their Province. 3) The Provincial House of Traditional Leaders 4) The National House of Traditional Leaders. The group may approach the Premier of their province to make the appointment. Question 6 Downloaded by: ResourceCentre9 | Distribution of this document is illegal S - The Marketplace to Buy and Sell your Study Material MCQ Pack 2020 for IND2601 Collected and combined By Jay (Tidimalo) Which statement illustrates some of the steps that need to be taken by the appointing authority in effecting the appointment? a) Notify the previous traditional leader of the intention to recognise and appoint the new leader. b) Publish the appointment in the Government Gazette. c) Notify the National House of Traditional leaders. d) Send a copy of the letter of appointment to the office of the President of the Republic of South Africa.