2020-06, assignment 02
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 defin
...
2020-06, assignment 02
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
1) Section 1 of the Recognition of Customary Marriages Act 120 of 1998.
2) Section 1 of the Traditional Leadership and Governance Framework Act 41 of 2003.
3) Section 1 of the Reform of Customary Law of Succession and Regulation of Related
Matters Act 11 of 2009.
4) Section 1 of the Black Administration Act 38 of 1927.
Question 2
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
Question 3
Which of the following are some of the known presumptions in indigenous law?
1) The children of a married woman are the children of her husband.
2) An adult is insane until there is evidence to the contrary.
3) A person may voluntarily entrust pieces of personal clothing to a stranger.
4) A person may voluntarily lie prostrate to be hit at the back.
Question 4
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.
Question 5
Which statement illustrates some of the steps that need to be taken by the
appointing authority in effecting the appointment?
1) Notify the previous traditional leader of the intention to recognise and appoint the new
leader.
2) Publish the appointment in the Government Gazette.
3) Notify the National House of Traditional leaders.
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