CHAPTER 12 CRIMINAL LAW

Question 1

What is criminal law under common law?

Answer 1

crimes are committed against the state rather than the victim.
Therefore, it is only the state that may punish the offender.

Question 2

what is criminal law under customary law?

Answer 2

crimes are committed against private individuals (or a group of individuals) or the state or both.

Question 3

distinctions between customary criminal law and delict
relate mainly to legal procedures, explain procedures?

Answer 3

First, the parties in a civil matter must personally present their case while in criminal matters the responsible member of the tribal court must present the factual details of the offence and lead the evidence.

• Second, customary law requires that the parties in civil matters attempt to negotiate and settle their dispute extrajudicially through a group leader before approaching the court. With criminal matters, however, the
  traditional leader has the discretion to allow negotiations and extrajudicial settlement

Question 4

where does ciminal ,matters in customary law pay their fines?

Answer 4

traditional leaders and victims of crime

Question 5

in what are penalties paid?

Answer 5

livestock

Question 6

in modern tiems how is penalties now paid?

Answer 6

money or combination of money and livestock

Question 7

what are the african customary law priciples of punishments?

Answer 7

restorative, justice, reconciliation

Question 8

what happen if you cant afford a fine?

Answer 8

nearest relative pays for the fine

Question 9

who can impose punsihemnt for serious crimes?

Answer 9

chief or king

Question 10

what punishments have been outlawed in SA law?

Answer 10

• execution
• banishment
• coporal punishment

Question 11

what is african customary law forms of punishment?

Answer 11

• confiscation of property
• loss of status
• loss of social status
• fines

Question 12

what are the offences of customary law?

Answer 12

1. witchcraft
2. contempt or defiance of head of group
3. other crimes under the Natal Codes of Zulu Law

Question 13

explain the offence witchcraft?

Answer 13

• most serious offence
• realtes in casting a spell of someone that causes them to die
• wizard were frowend upon by the indigenous communities

Question 14

explain contempt of head of group?

Answer 14

any conduct the leader considers as disrespectful is punished as a offence

Question 15

types of conduct under Zulu Law?

Answer 15

First, it is an offence for any member of the tribal community to disregard
customs or ‘regulations’ regulating the duly defined tribal boundaries
54 or,
without authority, to move his family from their own area to that of
another presumably for permanent residential purposes

Second, section 61 contains a scale of the maximum amounts or size of
lobolo property that may be delivered in respect of marriages to women in
certain categories

Third, any person who coerces or attempts to coerce a woman to enter into
a marriage commits an offence

Fourth, there are miscellaneous offences listed under section 117