2019_03_24_IND2601_EXAM_PREP.docx.pdf

MCQ QUESTIONS 1) MCQ QUESTION Indigenous African people observe legal rules and most rules for living, due to factors such as…. 1) Faithfulness to Christian values 2) Fear of law-enforcing organs such as the police ...

MCQ QUESTIONS 1) MCQ QUESTION Indigenous African people observe legal rules and most rules for living, due to factors such as…. 1) Faithfulness to Christian values 2) Fear of law-enforcing organs such as the police 3) Public opinion and the fear of punishment 4) The availability of courts and judges 2) MCQ QUESTION Specialised and unspecialised systems are similar because….. 1) Emphasis falls strongly on the group 2) The relations governed by law are the same 3) Concrete evidence is very important 4) Law originates with the ancestors 3) MCQ QUESTION Which of the following factors influenced a person’s status in customary law? 1) Wealth 2) Class 3) Popularity 4) Rank 4) MCQ QUESTION A customary marriage can only be dissolved…. 1) On the grounds of irretrievable breakdown of the marriage 2) By a family court or a competent division of the High Court or a divorce court, or an equality court 3) By the death of one of the spouses 4) If the court is satisfied that one of the parties has committed adultery resulting to the birth of a child 5) MCQ QUESTION Which of the following court are NOT recognised in terms of the Constitution to apply indigenous law in South Africa? 1) Courts of Traditional Leaders 2) Magistrate Courts 3) Labour Courts 4) The Supreme Court6) MCQ QUESTION In the case of The and Others v Magistrate, Khayelitsha, and Others (Commission for Gender Equality as Amicus Curiae) 2005 (1) BCLR 1 (CC), the the court declared the whole section 23 of the Black Administration Act 38 of 1927 and the regulations promulgated thereunder to be unconstitutional and invalid because…. 1) The Act was manifestly racist in its purpose and effect because it discriminated on the grounds of race and colour 2) The combined effect of section 23 and the regulations was to put in place a succession scheme which discriminated on the basis of race and colour applying only to white people 3) The discrimination it perpetrated was an affront to the dignity of white persons 4) It was inconsistent with the right to life guaranteed in section 11 of the Constitution 7) MCQ QUESTION The following are some of the main principles of the customary law court 1) Only adult males are free to attend the court sessions 2) The sessions of indigenous courts are held in private 3) All parties must be represented during trials 4) The onus is on the accused to prove his innocence in court 8) MCQ QUESTION Succession to traditional leadership in African customary law…. 1) Follows the principle of primogeniture 2) Is gender neutral 3) Is a hereditary system which follows the patrilineage 4) Only happens where the traditional leader dies without brothers 9) MCQ QUESTION Which of the following is NOT an example of indigenous law determinations? 1) The allocation or refusal of residential and agricultural land 2) The permission or refusal of immigration or emigration 3) The permission or refusal to gather natural products from communal land 4) The allocation of date to families for burial purposes 10) MCQ QUESTION In terms of the Traditional Leadership and Governance Framework Act 41 of 2003, the power to appoint a king vests with… 1) The President 2) The premiers of the different provinces 3) The National House of Traditional Leaders 4) Parliament11) MCQ QUESTION One of the indications that fundamental rights have priority over customary law is that the… 1) rights in the Bill of Rights may be limited by any law 2) courts must promote the values that underlie an undemocratic society 3) Bill of Rights is only applicable to customary law 4) Constitution is the supreme law 12) MCQ QUESTION A woman in customary law 1) May never inherit property from her deceased father 2) Has equal status and capacity with her husband in a customary marriage 3) Cannot acquire and dispose of assets if she is a wife in a customary marriage 4) Can succeed to the position of the family head at her husband’s discretion