IND2601/201/2/2011
COLLEGE OF LAW
DEPARTMENT OF PUBLIC, CONSTITUTIONAL,
AND INTERNATIONAL LAW
AFRICAN CUSTOMARY LAW
(IND2601)
TUTORIAL LETTER 201/2/2011
CONTENTS
1 COMMENTARY ON THE MULTIPLE-CHOICE ASSIGNMENT
01/2011
2 COMMENTARY ON THE WRITTEN ASSIGNMENT 02/2011
3 COMMENTARY ON THE SELF-EVALUATION ASSIGNMENT
03/2011
4 ADDITIONAL SELF-EVALUATION QUESTIONS
5 SUGGESTIONS ON HOW TO APPROACH THE EXAMINATION
, 2 IND2601/201/2
THIS TUTORIAL LETTER CONTAINS IMPORTANT
INFORMATION: PLEASE STUDY IT CAREFULLY.
Dear Student
This is the last tutorial letter for the semester. The main aim of the tutorial letter is to
give you some feedback on your assignments and a few guidelines on the
forthcoming examination. We trust that you will find this tutorial letter useful for your
studies and in your preparation for the examination.
1 COMMENTARY ON THE MULTIPLE-CHOICE ASSIGNMENT
01/2011
1. True: Property from one house, can be used for the benefit of another house,
no action for repayment can be instituted in an indigenous court. (1)
2. True: A successor may on good grounds be removed from the line of
succession. (1)
3. False: The court procedure for both civil matters in an African Customary
courts are the same as the procedure in criminal matters. (1)
4. False: In original indigenous law, the disposition of property by means of a
will was unknown means for disposition of the deceased property. (1)
5. True: Perjury is unknown in African Customary court procedures. (1)
6. True: In customary law, alcohol and drug abuse do not affect a person's
criminal liability. (1)
7. True: Hearsay evidence is admissible, and is considered together with other
evidence. Hearsay can also serve as a guideline in the questioning of the
parties and their witnesses and is therefore admissible. (1)
8. False: A traditional leader is only empowered to punish people within his
jurisdiction. (1)
9. False: Emphasis in customary law is placed on the whole agnatic group and
to the benefit of the agnatic group. . (1)
10. False: Section 1 of the Law of Evidence Amendment Act 45 of 1988, provides
that, any court may apply the law of a foreign state and of indigenous law in
so far as such law can be ascertained readily and with sufficient certainty. (1)
, 3 IND2601/201/2
11. True: Observance of law often indicates that a particular rule is a rule of law,
even though its nature has never been determined by a court. (1)
12. True: In terms of the Constitution of the Republic of South Africa, 1996, all
existing legislation will remain in force until amended or repealed (section 241,
read with Schedule 6, section 2). This means, among other things, that the
Black Administration Act 38 of 1927 and the Black Authorities Act 68 of 1951
are still in force. (1)
13. False: It is not the responsibility of the Labour court and the Small claims
court to resolve any conflict between customary law and fundamental rights
(1)
14. False: The Recognition of Customary Marriages Act 120 of 1988 regulates
customary marriages in South Africa. (1)
15. True: Customary marriages can now only be dissolved on grounds of
irretrievable breakdown in terms of section 8(1) of Act 120 1998. (1)
16. False: The transfer of the bride by her family group to the man's family group,
is not one of the requirements for a valid customary marriage in terms of the
Recognition of Customary Marriages Act of Act 120 1998. (1)
17. False: The difference between a crime and a delict is that in a delict the
property of a particular agnatic group is affected, whereas in a crime public
property is affected. (1)
18. True: A community may be recognised as a traditional community if it is
subject to a system of traditional leadership in terms of that community’s
customs. (1)
19. True: A person who keeps guard whilst his or her mate commits a crime is
referred to as an accomplice. (1)
20. False: Succession to traditional leadership in African customary law does not
only follow the principle of primogeniture, there exceptions where female
succeeded to leadership. (1)
21. True: The process of instituting proceedings in a court or tribunal for the
review of an administrative action in terms of section 6(1) of the Promotion of
Administrative Justice Act 30 of 2000 can be invoked as one of the methods
of control over the administrative actions of a Traditional leader. (1)
22. True: One of the causes of succession disputes is the ranking of the
traditional leader’s wives. (1)
23. True: According to African customary law a ruler may not execute a particular
administrative action out of hand.
COLLEGE OF LAW
DEPARTMENT OF PUBLIC, CONSTITUTIONAL,
AND INTERNATIONAL LAW
AFRICAN CUSTOMARY LAW
(IND2601)
TUTORIAL LETTER 201/2/2011
CONTENTS
1 COMMENTARY ON THE MULTIPLE-CHOICE ASSIGNMENT
01/2011
2 COMMENTARY ON THE WRITTEN ASSIGNMENT 02/2011
3 COMMENTARY ON THE SELF-EVALUATION ASSIGNMENT
03/2011
4 ADDITIONAL SELF-EVALUATION QUESTIONS
5 SUGGESTIONS ON HOW TO APPROACH THE EXAMINATION
, 2 IND2601/201/2
THIS TUTORIAL LETTER CONTAINS IMPORTANT
INFORMATION: PLEASE STUDY IT CAREFULLY.
Dear Student
This is the last tutorial letter for the semester. The main aim of the tutorial letter is to
give you some feedback on your assignments and a few guidelines on the
forthcoming examination. We trust that you will find this tutorial letter useful for your
studies and in your preparation for the examination.
1 COMMENTARY ON THE MULTIPLE-CHOICE ASSIGNMENT
01/2011
1. True: Property from one house, can be used for the benefit of another house,
no action for repayment can be instituted in an indigenous court. (1)
2. True: A successor may on good grounds be removed from the line of
succession. (1)
3. False: The court procedure for both civil matters in an African Customary
courts are the same as the procedure in criminal matters. (1)
4. False: In original indigenous law, the disposition of property by means of a
will was unknown means for disposition of the deceased property. (1)
5. True: Perjury is unknown in African Customary court procedures. (1)
6. True: In customary law, alcohol and drug abuse do not affect a person's
criminal liability. (1)
7. True: Hearsay evidence is admissible, and is considered together with other
evidence. Hearsay can also serve as a guideline in the questioning of the
parties and their witnesses and is therefore admissible. (1)
8. False: A traditional leader is only empowered to punish people within his
jurisdiction. (1)
9. False: Emphasis in customary law is placed on the whole agnatic group and
to the benefit of the agnatic group. . (1)
10. False: Section 1 of the Law of Evidence Amendment Act 45 of 1988, provides
that, any court may apply the law of a foreign state and of indigenous law in
so far as such law can be ascertained readily and with sufficient certainty. (1)
, 3 IND2601/201/2
11. True: Observance of law often indicates that a particular rule is a rule of law,
even though its nature has never been determined by a court. (1)
12. True: In terms of the Constitution of the Republic of South Africa, 1996, all
existing legislation will remain in force until amended or repealed (section 241,
read with Schedule 6, section 2). This means, among other things, that the
Black Administration Act 38 of 1927 and the Black Authorities Act 68 of 1951
are still in force. (1)
13. False: It is not the responsibility of the Labour court and the Small claims
court to resolve any conflict between customary law and fundamental rights
(1)
14. False: The Recognition of Customary Marriages Act 120 of 1988 regulates
customary marriages in South Africa. (1)
15. True: Customary marriages can now only be dissolved on grounds of
irretrievable breakdown in terms of section 8(1) of Act 120 1998. (1)
16. False: The transfer of the bride by her family group to the man's family group,
is not one of the requirements for a valid customary marriage in terms of the
Recognition of Customary Marriages Act of Act 120 1998. (1)
17. False: The difference between a crime and a delict is that in a delict the
property of a particular agnatic group is affected, whereas in a crime public
property is affected. (1)
18. True: A community may be recognised as a traditional community if it is
subject to a system of traditional leadership in terms of that community’s
customs. (1)
19. True: A person who keeps guard whilst his or her mate commits a crime is
referred to as an accomplice. (1)
20. False: Succession to traditional leadership in African customary law does not
only follow the principle of primogeniture, there exceptions where female
succeeded to leadership. (1)
21. True: The process of instituting proceedings in a court or tribunal for the
review of an administrative action in terms of section 6(1) of the Promotion of
Administrative Justice Act 30 of 2000 can be invoked as one of the methods
of control over the administrative actions of a Traditional leader. (1)
22. True: One of the causes of succession disputes is the ranking of the
traditional leader’s wives. (1)
23. True: According to African customary law a ruler may not execute a particular
administrative action out of hand.
