STUDENTS SUCCESS
Revision Examination Tests
“Come all for this Greatness”
... 100% Correct Ans ...
SUMMARY EXAM ANSWERS PACK: IND2601 EXAM PACK LATEST 2024/2025:
QUESTIONS AND ANSWERS INCLUDED - DETAILED.
Quiz Alexkor dealt with...
Ans: s8(3) of the Constitution allows the development of customary law in line with
the Constitution
s211(3) states the courts are obliged to apply customary law where applicable,
subject to the Constitution
Court recognized ACL as independent source of law
ACL can be ascertained through writers, old authorities, sources, and evidence of
witnesses
There is a danger of looking at customary law through a common law prism
Quiz Alexkor while recognising the difficulties of ascertaining the principles of ACL
stated the court concluded that...
Ans: recognition of ACL in the constitution includes Living Customary Law
s8(3) holds that customary, like common, is directly applicable between individuals
and is subject to development when in conflict with the BOR
Customary law is legitimate component of SA law and not subordinate to common
Quiz Bhe was a case about the male primogeniture being struck down, the court
directly applied...
Ans: civil law solution by extending the intestate succession Act
Quiz In Bhe it was held that the constitution envisages...
Ans: places for ACL through s30, s39(2)
, Quiz Langa in Bhe warned agasint marginalising ACL that cannot be brought in
line...stated the remedies available to the court were...
Ans: Strike down and leave for the legisature
suspend invalidity
develop in line with the consitution
Replace with civil law solution
Quiz Shilubana concerned rule about...
Ans: royal succession being explicitly developed in terms of s39(2)
Quiz Shilubana - both traditions and present practice...
Ans: have to be considered
Quiz In Shilubana it was held that if development happens...
Ans: court must strive to give effect to developments made by the community
Quiz In Shilubana the court held that under s211(3) customary law was...
Ans: allowed to develop and enquiries made by the court must be rooted in
contemporary practice
Quiz Gumede - discrimination based on...
Ans: marital status
Quiz Courts inquiry in Gumede was...
Ans: not a question of whether the courts should develop customary law - but rather
an order of constitutional validity
Quiz Gumede - LCL and OCL must not be...
Ans: conflated
Quiz LCL and OCL are subject to different remedies...
Ans: LCL may be freely developed, but OCL can't be developed but can be
interpreted in line with Con or struck down
Quiz LCL =
Ans: social and cultural practices of actual people
Revision Examination Tests
“Come all for this Greatness”
... 100% Correct Ans ...
SUMMARY EXAM ANSWERS PACK: IND2601 EXAM PACK LATEST 2024/2025:
QUESTIONS AND ANSWERS INCLUDED - DETAILED.
Quiz Alexkor dealt with...
Ans: s8(3) of the Constitution allows the development of customary law in line with
the Constitution
s211(3) states the courts are obliged to apply customary law where applicable,
subject to the Constitution
Court recognized ACL as independent source of law
ACL can be ascertained through writers, old authorities, sources, and evidence of
witnesses
There is a danger of looking at customary law through a common law prism
Quiz Alexkor while recognising the difficulties of ascertaining the principles of ACL
stated the court concluded that...
Ans: recognition of ACL in the constitution includes Living Customary Law
s8(3) holds that customary, like common, is directly applicable between individuals
and is subject to development when in conflict with the BOR
Customary law is legitimate component of SA law and not subordinate to common
Quiz Bhe was a case about the male primogeniture being struck down, the court
directly applied...
Ans: civil law solution by extending the intestate succession Act
Quiz In Bhe it was held that the constitution envisages...
Ans: places for ACL through s30, s39(2)
, Quiz Langa in Bhe warned agasint marginalising ACL that cannot be brought in
line...stated the remedies available to the court were...
Ans: Strike down and leave for the legisature
suspend invalidity
develop in line with the consitution
Replace with civil law solution
Quiz Shilubana concerned rule about...
Ans: royal succession being explicitly developed in terms of s39(2)
Quiz Shilubana - both traditions and present practice...
Ans: have to be considered
Quiz In Shilubana it was held that if development happens...
Ans: court must strive to give effect to developments made by the community
Quiz In Shilubana the court held that under s211(3) customary law was...
Ans: allowed to develop and enquiries made by the court must be rooted in
contemporary practice
Quiz Gumede - discrimination based on...
Ans: marital status
Quiz Courts inquiry in Gumede was...
Ans: not a question of whether the courts should develop customary law - but rather
an order of constitutional validity
Quiz Gumede - LCL and OCL must not be...
Ans: conflated
Quiz LCL and OCL are subject to different remedies...
Ans: LCL may be freely developed, but OCL can't be developed but can be
interpreted in line with Con or struck down
Quiz LCL =
Ans: social and cultural practices of actual people
