Chapter 10 - Customary law of property

Question 1

What is the law of property?

Answer 1

The law of property is that division of private law in which “things” are defined and which expresses the rules and principles concerning rights in things. Property may be defined as anything that is capable of being owned or possessed and that is useful and beneficial to a person.

Question 2

Name the categories of Property according to customary law.

Answer 2

1. General property
2. House Property
3. Personal Property

Question 3

Explain in-depth general property according to customary law.

Answer 3

General property belongs to the household as a whole, and it is controlled by the family head, however, the head is not the personal owner of the property. Each member of the household shares in the property according to his or her status within the group.

Question 4

What is listed under general property according to customary law?

Answer 4

1. property of the family head’s mother’s house, to which he has succeeded.
2. property that the family head has earned through occupation.
3. Land that has been allocated to the family head by the tribal authority and which has not been allocated to a particular house.

Question 5

Explain in-depth house property according to customary law.

Answer 5

House property refers to the property that belongs to each separate house, and it is controlled by the head of the house, namely the husband. When property from one house is used to the benefit of another house, a debt relationship is created between the houses concerned.

Question 6

What is listed under house property according to customary law?

Answer 6

1. Earnings from family members, including the earnings of a midwife and medicine woman.
2. Livestock that is allocated to a particular house from the general property.
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 ubulungu beast.
   . Marriage goods (lobolo) received for the daughters of the house.
4. compensation for the wife’s adultery or the seduction f any of the daughters.
5. Crops from all the fields belonging to the house.
6. Land allocated to a house for dwelling and cultivation purposes.

Question 7

Explain in-depth personal property.

Answer 7

It is property that belongs to a person who has acquired it, although it may be under the control of the family head.

Question 8

What is listed under personal property?

Answer 8

1. Clothing
2. Walking sticks
3. Snuff boxes
4. necklaces
5. Weapons