Theleka - -Xhosa custom where woman's family impounds her and keeps her till the husband
delivers marriage goods
-Isihewula beast (Southern Nguni) - -A beast given for defloration of a women
-Public law - -Legal relations between a goverment and its subjects
-Private law - -Describes the legal relationships between individuals and groups in their
capacity as private persons
-Legal subject - -Any human being who can be the bearer of rights and duties
-Original customary law - -Customary laws of the indigenous African people prior to the
enactment of the Black Administration Act 38 of 1927
-What factors influence a persons status in the agnatic group? - -age, sex, marital status,
legitimacy or illegitimacy of birth, adoption, disinheritance, family and house rank and mental
state.
-Who held the highest position in an agnatic group? - -The head of the agnatic group
-How does modern customary law differ in law of persons from original customary law - -The
emphasis is on the individual person as a human being. The individual is the bearer of
rights,powers and duties
-How does modern customary law differ from original customary law in the agnatic group - -
Emphasis is on the individual but the individual should not be separated from the group
-What is status? - -Refers to the a persons legal position or standing and it is this status that
determines a persons powers
-Name the 3 important competencies (powers derived directly from objective law) - -Legal
capacity
Contractual capacity
Capacity to appear in court
-What is legal capacity? - -Capacity to have rights and duties