Quiz 2 (Revision)

Question 1

The South African legislature has provided for the dependants’ claim for maintenance upon the death of a:

Answer 1

• Breadwinner

Question 2

Ukutheleka is a procedure that entails:

Answer 2

Taking a wife and her children away to enforce payment of lobolo.

Question 3

Lobolo refer to:

Answer 3

Property given in a customary marriage.

Question 4

Who has the authority to interpret and develop rules of customary law relating to contracts?

Answer 4

The traditional leaders.

Question 5

Phuthuma is a procedure that entails:

Answer 5

Fetching a wife and children from her father or heir after ukutheleka.

Question 6

Quasi-contracts refer to:

Answer 6

Liability arising from performance without an agreement.

Question 7

Isondlo is a provision for the payment of compensation:

Answer 7

To a person for the care of a child not belonging to their group.

Question 8

Ukufakwa refers to an obligation based on performance that does not arise from:

Answer 8

A contract.

Question 9

The South African Constitution requires courts to apply customary law when it is:

Answer 9

Applicable, subject to the Constitution.

Question 10

The Constitution seeks to create an inclusive, plural legal culture in South Africa:

Answer 10

Respecting people’s cultural practices and preventing discrimination.

Question 11

The scope of customary law of delict originally included all of the following except:
- Defamation cases
- Property damage
- Sexual wrongs
- Intellectual property infringement

Answer 11

• Intellectual property infringement

Question 12

The need for developing delict in a multicultural society arises to:

Answer 12

Balance customary law and constitutional values.

Question 13

According to customary law, who had full legal capacity and was considered competent to enter into contracts?

Answer 13

The family head

Question 14

In the context of customary law, who were eligible to become family heads?

Answer 14

• Males only.

Question 15

According to section 6 of the Recognition of Customary Marriages Act (RCMA), which individuals have full capacity to enter into contracts in a customary marriage?

Answer 15

Both the husband and the wife

Question 16

In customary law, who was held liable for contracts entered into by family members?

Answer 16

Both the family member and the family head.

Question 17

Which of the following contracts is specific to customary law?

Answer 17

Isondlo contract

Question 18

Who typically represents and acts on behalf of the family in contractual matters in customary law?

Answer 18

The family head.

Question 19

According to the Constitution, the application of customary law in the law of delict:

Answer 19

Requires the litigant to raise the issue of customary law’s applicability.

Question 20

True or False:
- In a rural community, Mpho, a non-relative, can act as an intermediary in lobolo negotiations. The agreement reached is not binding on the principal.

Answer 20

False

Question 21

True or False: Ukufakwa is an obligation based on performance that does not arise from a contract or quasi-contract and applies to contributions made in connection with ceremonies related to puberty, marriage, or other women-related circumstances.

Answer 21

True

Question 22

Agree or Disagree: Nkosi, a family head, can enter into a contract with a neighbouring community on behalf of his family without consulting any family members.

Answer 22

Disagree

Question 23

Agree or Disagree: In a rural South African village, Thandi, a young woman, wants to be recognised as the family head to represent her family in contractual matters. Do you agree or disagree that Thandi can be appointed as family head?

Answer 23

Agree

Question 24

Agree or Disagree: The need for the development of delict in a multicultural society arises because the application of customary law in delicts must consider and be in line with the Constitution and the protection individual rights.

Answer 24

Agree

Question 25

Agree or Disagree: In a rural community, Sipho, a family head, can delegate his contractual obligations to a third party without terminating the existing contract.

Answer 25

Disagree

Question 26

In some customary law communities, sexual delicts, such as defloration of a virgin, are rooted in the subordinate position of women, where their sexual integrity and childbearing capacity are considered the property of men.

Answer 26

Agree

Question 27

Zinzi, a human rights activist, is concerned that the recognition of African customary law in contracts and delicts may lead to discrimination against women and marginalised communities.

Answer 27

Agree

Question 28

Among the Tswana people, representation is common, and marriage is an example of representation in customary law.

Answer 28

Agree

Question 29

Ukutheleka is a procedure that entails the wife’s father or his heir taking her and her children away from her husband to enforce payment of outstanding lobolo or until the lobolo is fully paid.

Answer 29

Agree