IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRAD, Exams of Nursing

Download IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRAD and more Exams Nursing in PDF only on Docsity! IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ QUESTIONS 1. Indigenous African people observe legal rules and most rules for living, due to as.... factors such 1) faithfulness to Christian values 2) fear of law-enforcing organs such as the police 3) public opt-non and the fear of punishment 4) the availability of courts and judges (2) 2 Specialised and unspecialised systems ate similar because... 1) emphasis falls strongly on the group 2) the relations governed by law are the same IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 3) concrete evidence IS very Important 4) law originates with the ancestors (2) 3. Which of the following factors influenced a person's status in customary law? 1) Wealth 2) Class 3) Popularity 4) Rank (2) 4 A customary marriage can only be dissolved... 1) on the grounds of the Irretrievable breakdown of the marriage 2) by a family court, or a competent division of the High COUN 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 (2) IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 7. In the case of Bhe and Others v Magistrate, Khayelitsha, and Others (Commission for Gender Equality as Amicus Curiae) 2005 (1) BCLR 1 (CC), 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 disseminated 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 lie guaranteed in section 1 1 of the Constitution (2) 8. The following are some of the main principles of the customary law court. 1) Only adult males are free to attend the court sessions IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 2) The sessions of Indigenous courts are held in private 3) All parties must be represented doing trials 4) The onus IS on the accused to prove his Innocence In court (2) 9. 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 (2) 10. 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) Parliament (2) IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ QUESTIONS  According to African customary law, the crime of rape occurs when a man... 1) unlawfully and Intentionally hurts another's body 2) consents with a woman to have sexual intercourse 3) uses violence to force a woman not married to him to have sex with him 4) uses violence to force a woman marred to hm to have sex with him (2)  Succession to traditional leadership in 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 (2)  Which of the following is NOT an example of customary law determinations? IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 4) the onus is on the accused to prove his Innocence in court, the sessions of the customary court are held in camera all court sessions are open to members of the public and may be attended by any person, even children, all parties must be present during the trial, legal representation was unknown, all proceedings were conducted orally and no written record of cases was kept (2)  A traditional leader 1) may decide on any matter concerning nullity, divorce or separation in respect of a marriage between black people 2) may Impose a punishment which entails death, mutilation, grievous bodily harm or Imprisonment 3) Is competent to hear any crime in accordance with common law, African customary law or any statutory crime referred to by the Minister 4) Is prevented from punishing any person, Including a non-black, for contempt of court in facie curiae (In the face of the court) (2) IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+  Indicate which statement is NOT correct. According to African customary law 1) the head of an agnatic group always Iiable for the conduct of members of his group 2) a stick-fight IS not a recognised cultural Institution and therefore Injuries sustained during such a fight would be unlawful and tantamount to assault 3) it is accepted that a person may forcibly defend himself or his property, or other persons or their property, against an unlawful attack without bang criminally liable 4) a small child and an Insane person are not criminally liable for their unlawful conduc (2)  In former days, the crime of contempt of the ruler was punished in one of the following ways 1) a warning 2) Imprisonment 3) a fine 4) a reprimand (2) IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+  Some of the powers and duties of the National House of Traditional Leaders include that it IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 1) Both his or her parents or If he or she has no parents, his or her legal guardian must consent to the marriage 2) The commissioner of child welfare may grant consent to the marriage If the consent of the parent or guardian cannot be obtained 3) The commissioner of child welfare may give consent even If either of the parents or guardian refuses to grant consent 7) The Minister of Home Affairs may grant written permission to conclude the marriage (2) 4. Which of the following persons are competent to testify in indigenous 1) Only parties to the trial 2) Only children above the age of puberty 3) A co-accused for or against one another 8) An intoxicated person (2) IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 5. Indicate which statement is NOT correct. The following can be regarded as good cause for a woman to terminate a betrothal agreement unilaterally: 1) The man enters Into an Indigenous marriage with another woman during the betrothal period 2) The man's morality, where a polygamous marriage was contemplated provided the woman condones this 3) Continuous neglect, so that the woman's guardian has to Instruct the lover to proceed with the marriage 4) The man pays too much attention to other women and neglects his betrothed and her family IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 6. General property would include 1) earnings of family members, Including the earnings of a midwife and medicine woman 2) clothing, walking sticks, snuff boxes, necklaces and weapons 3) property given to a woman on her marriage, such as household utensils and a certain beast that IS given to her during her marriage, such as the ubulungu beast 4) property of the family head's mother's house to which he has succeeded 7. In terms of the Recognition of Customary Marriages Act 1) marriages not registered in terms of the Act are void 2) parties to an unregistered marriage are liable to a fine 3) unregistered marriages are awarded the status of a union 4) the customary marriage IS not void for failure to register 8. The main principles of the African customary court are IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 3) competent to hear any crime in accordance with common law, African customary law or any statutory crime referred to by the Minister 4) is prevented from punishing any person, Including a non-black, for contempt of his court in facie curiae (In the face of the court) 10. Which of the following will the Premier of a province engage in to recognise a senior traditional leader, headman or headwoman? 1) Issue a notice in the provincial gazette recognising the person so Identified 2) Call a tribal council meeting to announce the appointment 3) Appoint the particular traditional leader to the relevant House of Traditional Leaders 4) Organise a celebration of the appointment in the community (2) IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 1) Section 1 of the Recognition of Customary Marriages Act 120 of 1998 3) individuals function within the context of the group to which they belong IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ First Semester Assessment 2 QUESTIONS 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 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 (2) 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 IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 1) The children of a married woman are the children of her husband 2) The Premier of their Province IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ was not liable for debts of the other members of the family home 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 (2) 3. Which of the following are some of the known presumptions in indigenous law? 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 (2) 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 IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 2) an unmarried male dies IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 3) is directly regulated by section 5(8)(i) of the Constitution 4) is specifically resolved by the provisions of section 8 and 39(i) of the Constitution (2) 7. The effect of the decision taken in the Moseneke case was that between 2002 and 2004, an intestate estate of a black person reported to the Master was administered in terms of… 1) customary law 2) native law 3) zulu code (2) 8. Ukuvusa custom may be applied if… 1) a married man dies childless 3) a female dies childless 4) the wife cannot bear children (2) IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 4) common law IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 9. The Recognition of Customary Marriages Act 120 of 1998 recognizes polygynous marriages, defined as………… 1) a woman marrying more than one man 2) a man marrying more than one woman 3) a woman marrying another woman 4) a man marrying not more than one woman (2) 10. House property includes 1) Property of the family head’s mother ‘s house to which he has succeeded 2) Earnings of the family head through his occupation 3) Property acquired by an individual personally (2) 11. The effect of the ruling in the case of Gumede v President of the RSA 2009 (3) SA 152 (CC) is that IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 4) Marriage goods (lobolo) received for the daughters 3) Proprietary consequences of marriages entered before and after the commencement of the 2) Deputy Principal Leadership 1) on the ground of the irretrievable breakdown of the marriage IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 1) The proprietary consequences of marriages only entered before the commencement of the Act are now in community of profit 2) Both spouses in all customary marriage have split control over marriage property Act are in community of property 4) None of the above is applicable (2) 12. Which of the following traditional leadership positions in is NOT recognized in law? 1) Kingship -or Queenship 3) Deputy traditional leaders 4) Senior traditional leadership (2) 13. A customary marriage can only be dissolved… IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ Second Semester Assessment 2 QUESTIONS 1. 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 (2) 2. Specialised and unspecialised systems are different because in the unspecialised systems…. 1) emphasis falls strongly on the group 2) a transgression of the law and legal rules will have certain, specific consequences for the transgressors IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 3) relations are governed by law 4) decisions are only taken by the family head (2) IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 3. Which of the following statements is NOT applicable where either of the prospective spouses to a customary marriage is a minor? 1) Both his or her parents or if he or she has no parents, his or her legal guardian must consent to the marriage 2) The commissioner of child welfare may grant consent to the marriage if the consent of the parent or guardian cannot be obtained 3) The commissioner of child welfare may give consent even if either of the parents or guardian refuses to grant consent 4) The Minister of Home Affairs may grant written permission to conclude the marriage (2) 4. Which of the following persons are competent to testify in indigenous law? 1) Only parties to the trial 2) Only children above the age of puberty 3) A co-accused for or against one another 4) An intoxicated person (2) IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 7. In terms of the Recognition of Customary Marriages Act… 1) marriages not registered in terms of the Act are void 2) parties to an unregistered marriage are liable to a fine 3) unregistered marriages are awarded the status of a union 4) the customary marriage is not void for failure to register (2) 8. The main principles of the African customary court are… 1) the onus is on the accused to prove his innocence in court; the sessions of the customary court are held in public; all court sessions are open to members of the public and may be attended by any adult person, even strangers; all parties must be present during the trial; legal representation was unknown; all proceedings were conducted orally and no written record of cases was kept 2) the onus is on the accused to prove his innocence in court; the sessions of the customary court are held in camera; all court sessions are open to members of the public and may be attended by any adult person, even strangers; all parties must be present during the trial; legal representation was unknown; all proceedings were conducted orally and no written record IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ of cases was kept 3) the onus is on the accused to prove his innocence in court; the sessions of the customary court are held in public; all court sessions are open to members of the public and may be attended by any adult person, even strangers; all parties may not be present during the trial, thus judgment by default was known; legal representation was unknown; all proceedings were conducted orally and no written record of cases was kept 4) the onus is on the accused to prove his innocence in court; the sessions of the customary court are held in camera; all court sessions are open to members of the public and may be attended by any person, even children; all parties must be present during the trial; legal representation was unknown; all proceedings were conducted orally and no written record of cases was kept (2) 9. A traditional leader… 1) may decide on any matter concerning nullity, divorce or separation in respect of a civil marriage between black people 2) may impose a punishment which entails death, mutilation, grievous bodily harm or imprisonment IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 3) is competent to hear any crime in accordance with common law, African customary law or any statutory crime referred to by the Minister IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ child in terms of customary law 3) A woman from a substitute marriage such as for seed-raising 4) A woman married by another in terms of customary law for purposes of bearing children for the deceased’s household (2) IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 14.Which of the following DOES NOT apply to requirements for constituting the Local Houses of traditional Leaders? 1) Kings Queens and Principal traditional leaders are elected into the house 2) Not more than 20 members in areas of more than 35 traditional councils 3) Elected members by a college of all kings, queens, principal traditional leaders or their representatives in the designated area 4) Not less than 5 members to be elected into the house (2) 15.The requirements for reasonableness of an administrative order of a traditional leader include the following. Which of these does not define the reasonableness of the order? 1) The consequences and effect of the order must be possible 2) The rights and freedom of subjects must not be exceedingly burdened by the exercise of discretion 3) The consequences and effect of the order must distinguish between age regiments 4) There must be no discrimination between individuals or groups, except where the law permits IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ (2) First Semester Assessment 2 QUESTIONS 1. 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 2. Specialised and unspecialised systems are different because in the unspecialised systems…. 1) emphasis falls strongly on the group 2) a transgression of the law and legal rules will have certain, specific consequences for the transgressors IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 2) Payment of the salary of the traditional council members IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 3) As a traditional ritual offering to the ancestors 4) Compensation to the court for the time its members spent on the case 8. 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 9. Which of the following persons are competent to testify in indigenous law: 1) only parties to the trial 2) only children above the age of puberty 3) a co-accused for or against one another 4) an intoxicated person IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 10. The difference between a crime and a delict is that… 1) in a crime the community is harmed, whereas in a delict individuals or an agnatic group is harmed 2) in a crime the individuals are harmed, whereas in a delict the community is harmed 3) in a crime the property of an individual or group is affected whereas in a delict public property is affected 4) a crime is punishable by community service whereas a delict is punishable by solitary confinement 11. In terms of the Recognition of Customary Marriages Act 120 of 1998, 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 family head at her husband’s discretion IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 3) includes property of the family head’s mother’s house to which he has succeeded 4) may be defined as property that belongs to a person who has acquired it, although it may be under the control of the family head 15. In the case of Bhe and Others v Magistrate, Khayelitsha, and Others (Commission for Gender Equality as Amicus Curiae) 2005 (1) BCLR 1 (CC), the court declared the whole of 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 both black and Indian persons 4) it was inconsistent with the right to life guaranteed in section 11 of the Constitution IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 16. Which of the following statements is true in respect of punishment that a traditional leader may impose? 1) He may impose a sentence which entails death IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 2) He may impose a fine of R400 and above that amount 3) He may not impose corporal punishment 4) He may impose an appropriate prison sentence 17. Which of the following is an element of a crime in customary law? 1) The act must be performed in broad daylight 2) The act must be unlawful 3) The act must be performed by several people against one person 4) The act must be against cultural institutional actions 18. 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) parliament IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 2. One of the implications of section 211(3) of the Constitution of the Republic of South Africa is that… 1) the recognition and application of customary law is subject to legislation that specifically deals with customary law 2) only customary courts may apply and therefore also recognize customary law 3) the recognition and application of customary law is subject to the Black Administration Act 38 of 1927 4) the Congress of Traditional Leaders of South Africa (CONTRALESA) will determine when customary law is applicable 3. Indicate which statement is NOT correct. The following can be regarded as good cause for a woman to terminate a betrothal agreement unilaterally: 1) The man enters into an indigenous marriage with another woman during the betrothal period 2) The man’s morality, where a polygamous marriage was contemplated provided the woman condones this IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 3) Continuous neglect, so that the woman’s guardian has to instruct the lover to proceed with the marriage 4) The man pays too much attention to other women and neglects his betrothed and her family 4. General property would include… 1) earnings of family members, including the earnings of a midwife and medicine woman 2) clothing, walking sticks, snuff boxes, necklaces and weapons 3) property given to a woman on her marriage, such as household utensils and a certain beast that is given to her during her marriage, such as the ubulungu beast 4) property of the family head’s mother’s house to which he has succeeded 5. In indigenous law… 1) a successor succeeds to the assets and all the debts of his predecessor in KwaZulu-Natal 2) succession is a duty that can be relinquished or ceded IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 3) a successor may never be removed from the line of succession i.e. disinherited 4) succession takes place only on the death of a predecessor, there is thus no question of succession while the family head is still alive 6. A traditional leader may hear and decide civil cases… 1) which are instituted by black people against black people 2) of people residing anywhere in South Africa 3) concerning nullity, divorce or separation in respect of a civil marriage between black people 4) involving offences of murder in their communities 7. Which of the following courts are NOT recognised in terms of the Constitution to apply customary law in South Africa? 1) Courts of Traditional leaders 2) Magistrate courts 3) Labour Courts 4) The Supreme Court IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ strangers; all parties may not be present during the trial, thus judgment by default was known; legal representation was unknown; all proceedings were conducted orally and no written record of cases was kept IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 4) the onus is on the accused to prove his innocence in court; the sessions of the customary court are held in camera; all court sessions are open to members of the public and may be attended by any person, even children; all parties must be present during the trial; legal representation was unknown; all proceedings were conducted orally and no written record of cases was kept 12. A traditional leader… 1) may decide on any matter concerning nullity, divorce or separation in respect of a civil marriage between black people 2) may impose a punishment which entails death, mutilation, grievous bodily harm or imprisonment 3) is competent to hear any crime in accordance with common law, African customary law or any statutory crime referred to by the Minister 4) is prevented from punishing any person, including a non-black, for contempt of his court in facie curiae (in the face of the court) 13. Indicate which statement is NOT correct. According to African customary law… 1) the head of an agnatic group is always liable for the conduct of members of his IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ group 2) a stick-fight is not a recognised cultural institution and therefore injuries sustained during such a fight would be unlawful and tantamount to assault 3) it is accepted that a person may forcibly defend himself or his property, or other persons or their property, against an unlawful attack without being criminally liable 4) a small child and an insane person are not criminally liable for their unlawful conduct 14. In former days, the crime of contempt of the ruler was punished in one of the following ways: 1) a warning 2) imprisonment 3) a fine 4) a reprimand 15. Some of the powers and duties of the National House of Traditional Leaders include that IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 4) happens where the traditional leader dies without brothers 18. Which of the following is NOT an example of customary 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) allocation of a date to families to conduct burials of their family members 19. ‘Kgosi ke kgosi ka batho ‘(A Chief is a Chief thanks to his people) means that the ruler must… 1) act in accordance with the will of his people 2) consider the decisions of only his council when making decisions 3) not be unfair when making administrative determinations 4) consulted when members of his community make family decisions IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 4) Constitution is the supreme law IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 20. One of the main objects of dispute resolution in customary law is... 1) to determine the guilty party 2) to assist the parties to be friends 3) to reconcile the parties 4) to share a meal after the trial First Semester Assessment 2 QUESTIONS 1. 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 IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 1) emphasis falls strongly on the group 4) rank IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 2. Specialized and unspecialized systems are different because in the unspecialized systems…….. 2) a transgression of the law and legal rules will have certain, specific consequences for the transgressors 3) relations are governed by law 4) decisions are only taken by the family head 3. Which of the following factors influenced a person’s status in customary law? 1) wealth 2) class 3) popularity IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 3) It is not necessary for judges to have any formal training in customary law IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 1) belongs to a particular house under the household as a whole. 1) the Act was manifestly racist in its purpose and effect because it discriminated on the IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 4) The recognition and application of customary law is subject to general legislation 9. In customary law, house property…... 2) is unilaterally controlled by the family head. 3) includes property of the family head’s mother’s house to which he has succeeded. 4) may be defined as property that belongs to a person who has acquired it, although it may be under the control of the family head. 10. In the case of Bhe and Others v Magistrate, Khayelitsha, and Others (Commission for Gender Equality as Amicus Curiae) 2005 (1) BCLR 1 (CC), the court declared the whole of section 23 of the Black Administration Act 38 of 1927 and the regulations promulgated thereunder to be unconstitutional and invalid because…………. IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 4) The onus is on the accused to prove his innocence in court 1) The maintenance of the messengers IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 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 11. 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 12. What purpose is the fine for contempt of court is used for in customary law 2) of the salary of the traditional council members IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 3) He may not impose corporal punishment 2) The act must be unlawful IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ harmed 2) In a crime the individuals are harmed, whereas in a delict the community is harmed 3) In a crime the property of an individual or group is affected whereas in a delict public property is affected 4) A crime is punishable by community service whereas a delict is punishable by solitary confinement 16. Which of the following statements is true in respect of punishment that a traditional leader may impose? 1) He may impose a sentence which entails death 2) He may impose a fine of R400 4) He may impose a prison sentence 17. Which of the following is an element of a crime in customary law? 1) The act must be performed in broad daylight IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 3) The act must be performed by several people against one person IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 1) president 2) husband dies without a son IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 4) The act must be against cultural institutional actions 18. In terms of the Traditional Leadership and Governance Framework Act 41 of 2003, the power to appoint a king vests with the…… 2) premiers of the different provinces 3) National House of Traditional Leaders 4) parliament 19. The ukungena custom is applied where the…… 1) husband is incapable of having children 3) tribal wife dies without a son 4) tribal wife is incapable of having children IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 2) Section 15 3) Section 31 4) Section 112 4. 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 5. 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 IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 4) The National House of Traditional Leaders IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 6. 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 4) Send a copy of the letter of appointment to the office of the President of the Republic of South Africa 7. Section 4(1) of the Traditional Leadership and Governance Framework Act 41 of 2003 lists ………………………………………..functions of traditional councils 1) 2 2) 4 3) 8 4) 12 IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 2) an unmarried male dies 3) a female dies childless 4) the wife cannot bear children 11. The Recognition of Customary Marriages Act 120 of 1998 recognizes polygynous marriages, defined as…………………. 1) a woman marrying more than one man 2) a man marrying more than one woman 3) a woman marrying another woman 4) a man marrying not more than one woman 12. 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 IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 4) the availability of courts and judges 13. 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 14. In terms of the Recognition of Customary Marriages Act 120 of 1998…. 1) Marriages not registered in terms of the Act are void 2) Parties to an unregistered customary marriage are liable to a fine 3) Unregistered marriages are awarded the status of a union 4) Customary marriages are not invalid for failure to register them IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+ 15. A customary marriage can only be dissolved… 1) on the ground of the irretrievable breakdown of the marriage 2) 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 16. Which of the following courts 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 court 17. In terms of the court’s decision in the case of Shilubana v Nnamitwa… IND 2601 MULTIPLE CHOICE STUDY GUIDE EXAM latest update 2021\2022 best exams solution GRADED A+