Quiz 1 (Revision)

Question 1

How does the Constitution protect the right to culture in relation to customary law?

Answer 1

By requiring customary law to be in line with the principles in the Bill of Rights.

Question 2

What did the court declare unconstitutional in Bhe v Khayelitsha Magistrate regarding the customary law of succession?

Answer 2

The primogeniture rule of customary law of succession.

Question 3

Why is the case of Alexkor Ltd v Richtersveld Community important for indigenous (customary) law?

Answer 3

It provides guidance on the protection of indigenous rights.

Question 4

What is the role of the courts (judicial review) in solving conflicts between customary law and the Constitution?

Answer 4

The courts must balance the principles of customary law with the principles of the Constitution.

Question 5

According to the Constitution, what should be done if rules of customary law infringe on the right to equal treatment?

Answer 5

The rules of customary law should be declared invalid.

Question 6

In the case of Bhe v Khayelitsha Magistrate, what was the issue of concern?

Answer 6

The conflict between customary law and the Bill of Rights

Question 7

Traditional authorities that observe a system of customary law may function subject to what?

Answer 7

The decisions of the traditional leaders

Question 8

What options were available to the court in Bhe v Magistrate Khayelitsha to resolve the conflict between customary law and fundamental rights?

Answer 8

To balance customary law with the principles of the Constitution.

Question 9

What does Section 15(3)(a)(ii) of the Constitution allow legislation to do?

Answer 9

Recognise systems of personal and family law under any tradition or religion.

Question 10

According to Section 211 of the South African Constitution, the institution, status, and role of traditional leadership are recognised, subject to what?

Answer 10

The South African Constitution

Question 11

What does Section 212 of the Constitution provide for regarding traditional leadership?

Answer 11

The establishment of houses of traditional leaders.

Question 12

According to the information given, what is the purpose of the South African Law Commission’s investigation of customary laws?

Answer 12

To recommend changes to bring customary law in line with the Constitution.

Question 13

In what areas is the South African Law Commission examining African customary law to do away with unfair discrimination?

Answer 13

Customary laws on marriage and succession

Question 14

Can customary law be used to discriminate according to the Constitution?

Answer 14

No, but it depends on the traditional leader’s decision

Question 15

Has the Constitution improved the recognition of customary law in the South African legal system?

Answer 15

Yes, I firmly believe that the Constitution’s recognition has elevated the status of customary law in our legal system.

Question 16

Do you think the Constitution’s focus on protecting human rights conflicts with some aspects of customary law?

Answer 16

Yes, I do believe that the Constitution’s focus on human rights can sometimes conflict with certain aspects of customary law, especially those that discriminate against women.

Question 17

Does the Constitution strike a balance between protecting customary law and safeguarding human rights?

Answer 17

Yes, the Constitution emphasises the protection of customary law while ensuring that it aligns with the principles of the Bill of Rights, particularly in areas that might infringe on human rights.

Question 18

Do you believe that the discretion to apply customary law should be exercised without any limitations?

Answer 18

Yes, as customary law should not be limited by specific legislation as it is supposed to be developed.

Question 19

Do you think that some rules of customary law should be declared invalid if they infringe on the right to equal treatment?

Answer 19

Yes, I strongly believe that rules of customary law that infringe on the right to equal treatment should be declared invalid to uphold gender equality.

Question 20

Do you think that customary law should be used to discriminate against specific groups?

Answer 20

No, I strongly believe that customary law should not be used to discriminate against any group, and it should respect the Constitution’s emphasis on equality.

Question 21

Do you think that customary law should evolve to accommodate changing societal norms?

Answer 21

Yes, I firmly believe that customary law should adapt and evolve to align with changing societal norms and protect human rights.

Question 22

Do you agree with the viewpoint that South African should work towards unified laws, merging customary law with common law?

Answer 22

No, I believe that each legal system, customary law and common law, should be respected and preserved separately.