LCP4804 QUIZ

LCP4808 Assignment 1 Quiz Answers 100% 1. Which of the statements below does not best describes the contract of mafias. a. It is an agreement between the owner of cattle or other livestock and another person who does not own cattle or other livestock. b. The contract is normally entered into for a very short, limited time enough to enable the borrower to enjoy the use of the livestock. c. The effect of mafisa is that the person who does not have cattle or livestock will enjoy the use of the cattle or livestock. d. The owner of the cattle or livestock remains with the progeny. 2. In the case of Shilubana and Others v Nwamitwa (CCT 03/07) [2008] ZACC 9; 2008 (9) BCLR 914 (CC); 2009 (2) SA 66 (CC) (4 June 2008) which dealt with changes by a community of its method of succession to the position of senior traditional leader, the Constitutional Court found: chose the incorrect statement. a. Under pre-democratic colonial and apartheid regimes, this development was frustrated, and customary law stagnated. b. This stagnation should not continue, and the free development by communities of their own laws to meet the needs of a rapidly changing society must be respected and facilitated. c. As has been repeatedly emphasized by this and other courts, customary law is by its very nature is none evolving legal system. d. These sentiments are in keeping with section 39(3) of the Constitution, which allows for the existence of rights and freedoms that are not contained in the Bill of Rights but in legislation, the common law, and customary law, if they comply with the Constitution. 3. The attributes of ubuntu as found in ukufakwa can be best be described as: choose the incorrect statement. a. Individual communal living means that relatives are one family and members of one home. b. Individual empowerment means that the individual ‘s interest is more important than that of the community. c. Reciprocity means that the good that you do to others will be done to you. d. Group solidarity means that unity is strength. 4. Thando and Mary wants to get married and Thando is a Zulu male and comes to you for advice in terms of complying with the requirements of a valid customary marriage: choose incorrect statement. a. The consent of the father or the guardian of the intended wife (if she is a minor), which may not be withheld without good reason. b. The consent of the father or guardian of the prospective husband (if he is a minor). c. A declaration in public by the prospective wife to the official witness at the wedding ceremony that she voluntarily submits to the marriage and gives her consent. d. That all the ancient rituals must be observed before the marriage can be rendered valid. 5. The term “Conflict of Laws” refers to the following: choose the incorrect statement? a. Not to a conflict between legal systems but rather it refers to the method of choosing an appropriate rule to apply in the interest of justice. b. To the rules for choosing the appropriate law. c. These rules are also known as case where dominant legal system in a court (lex fori) is not the only legal system in a court of resolve the dispute at hand. d. The conditions necessary for the existence of problems relating to conflict of laws are not necessitated by the presence of social and commercial intercourse between people subject to different legal systems. 6. In the matter of Mthembu v Letsela and Another 1997 (2) SA 936 (T) THE Court dealt with the issue of succession and inheritance in customary law as follows: Choose the incorrect statement. a. It is not common cause that in the rule most frequently finds its application, the devolution of the deceased’s property onto the male heir involves concomitant duty of support. b. The devolution of the deceased’s property onto the male heir involves a concomitant duty of support and protection of the woman or women to whom he was married by customary law, and of the children procreated under that systemand of the children procreated under that system and belonging to a particular house. c. If one accepts the duty to provide sustenance, maintenance and shelter as a necessary corollary of the system of primogeniture, a feature which has been called ‘one of the most hallowed principles of customary law. d. It is clear from Bennet’s opinion that a widow, may remain at the deceased’s homestead and continue to use the estate property, and that the heir may not eject her at whim. 7. The pre-colonial era which signifies a way of knowing and doing before the arrival of Europeans in Southern Africa can be best described by the following characteristics. Choose the incorrect statement. a. It refers to a time when customary law reigned supreme and was applied in its original form underpinned by an indigenous frame of reference. b. Its unadulterated value system was anchored in the philosophy of ubuntu which was the measure of appropriateness for the conduct of all human beings. c. Ubuntu means humanness and it ensures that the individual’s rights are paramount beyond that of the community. d. Ubuntu also means that any conduct that is not undergirded by ubuntu was inhuman and unacceptable. 8. In the matter of Alexkor v The Richtersveld Community & Others 2004(5) SA 460 (CC), the Constitutional Court defined the nature and concept of customary law as follows: Choose the incorrect statement. a. The nature and the content of rights that the Richtersveld Community held in the subject land prior to annexation must be determined by reference to indigenous. b. Like the common law, indigenous law is subject to any legislation, consistent with the Constitution, that specifically deals with it. c. Indigenous law by its very nature it evolves as the people who live by its norms change their patterns of life. d. In applying indigenous law, it is important to bear in mind that, like the common law, indigenous law is also written. 9. Choose the statement that aligns with the court’s sentiments in the case of Mabuza v Mbatha 2003 (7) BCLR 43 (C) a. The Act was part of a comprehensive exclusionary system of administration imposed on Africans, ostensibly to avoid exposing them to a result which, ‘to the Native mind’, would be ‘both startling and unjust. b. The royal family must, within a reasonable time after the need arises for the position of a king or a queen to be filled, and with regard to the applicable customary law. c. to say that [African law must not be opposed to the principles of public policy and natural justice] is fundamentally flawed as it reduces African Law which is practised by the vast majority in this country) to foreign law – in Africa. d. Section 23 cannot escape the context in which it was conceived. It is part of an Act which was specifically crafted to fit in with notions of separation and exclusion of Africans from the people of ‘European’ descent. 10. In the matter of Pilane v Pilane (4) BCLR 431 (CC) the Constitutional Court explained the nature of customary law as follows: Choose the correct statement. a. It is well established that customary law is a none-vital component of our constitutional system, recognized and protected by the Constitution, while ultimately subject to its terms. b. The Constitution is designed to reserve this trend and to facilitate the preservation and evolution of customary law as a legal system that conforms with its provisions.. c. The true nature of customary law is as a living body of law, active and dynamic, with an inherent capacity to evolve in keeping with the changing lives of the people whom it governs. d. The history, however, is replete with instances in which customary law was not given the necessary space to evolve but was instead fossilized and “stone-walled” through codification, which distorted its mutable nature and subverted its operation.