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African Customary Law > Quiz 3 (Revision) > Flashcards

Quiz 3 (Revision) Flashcards

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1
Q

What was the consequence of the Gumede case for monogamous customary marriages?

A

They are automatically in community of property and profit and loss

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2
Q

What did the Ramuhovhi case declare unconstitutional for polygamous customary marriages?

A

Section 7(1) of the Act

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3
Q

Which section of the Act grants wives in customary marriages equal status and capacity?

A

Section 6

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3
Q

Who has significant power in the negotiation of lobolo and deciding with whom to marry in customary law?

A

The potential bride’s family.

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4
Q

What can happen if a minor enters into a customary marriage without proper consent?

A

The marriage is voidable and can be annulled.

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5
Q

What does polygyny refer to in the context of the RCMA?

A

A man can have more than one wife.

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6
Q

According to the RCMA, what happens to a customary marriage when one spouse dies?

A

The validity of the marriage continues after death.

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7
Q

How did the absence of full legal recognition for customary unions affect property and inheritance rights?

A

It made it difficult to determine property ownership and inheritance rights.

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8
Q

What was the main goal of the new Recognition of Customary Marriages Act?

A

To protect customary marriages under the law and ensure equality.

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9
Q

What is the rule of male primogeniture in customary law?

A

The first-born succeeds the deceased.

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10
Q

What did the new Recognition of Customary Marriages Act (RCMA) introduce regarding matrimonial property in customary marriages?

A

Partners in a customary marriage share community of property.

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11
Q

What is the rule of succession in customary law for a man with multiple houses?

A

The eldest son in each house takes precedence.

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12
Q

Can a successor in customary law relinquish their position?

A

No, it is a duty that cannot be relinquished.

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13
Q

What does succession in customary law involve?

A

Both the transfer of assets and liabilities.

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14
Q

How did the limited legal status of women in customary marriages resemble their treatment?

A

As minors with no rights or agency.

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15
Q

How is the order of succession determined in a monogamous household under customary law?

A

Based on the deceased’s male descendants, father, brothers and other male relatives

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16
Q

In a polygynous household, who succeeds the family head in each house?

A

The eldest son from each wife’s children

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17
Q

What does a husband in an existing customary marriage need to do if he wishes to enter into another customary marriage?

A
  • Apply to the court for approval of a written contract.
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18
Q

In the case of an existing marriage in community of property or out of community of property subject to the accrual system, what must the court do if a husband wants to enter into another customary marriage?

A

Terminate the matrimonial property system and divide the assets fairly.

18
Q

Who must be involved in the proceedings for a husband to enter into another customary marriage?

A

All parties with a sufficient interest, including the existing spouse(s) and prospective spouse.

19
Q

What happens if the court grants the application for another customary marriage and approves the written contract?

A

Each spouse receives a court order and a certified copy of the contract.

19
Q

In KwaZulu-Natal, who can grant consent for a minor’s marriage if the parents refuse?

A

The court.

19
Q

According to the Constitutional Court judgment, what is required in Xitsonga customary law for consecutive marriages?

A

The consent of the first wife

20
Q

In a customary marriage, who is considered the family head in a polygynous household?

A
  • The husband.
21
Q

Which of the following is NOT a function of lobolo in a customary marriage?

A

Enhancing the wife’s dignity.

22
Q

In a customary marriage concluded after 15 November 2000, what is the minimum age requirement for both parties?

A

18 years.

23
Q

What is required for a customary marriage to be considered valid?

A

It must be negotiated and concluded according to customary law.

24
Q

What guiding principle was introduced by the RCMA regarding the welfare of children in customary marriages?

A

The best interests of the child.

25
Q

If either spouse is a minor, whose consent is required for the customary marriage to be valid?

A

The consent of both parents or the guardian.

26
Q

Can spouses married according to customary law also enter into a civil marriage?

A

Yes, but only if the customary marriage is dissolved first.

27
Q

When can the Commissioner of Child Welfare grant consent for a minor’s marriage if the parents refuse?

A

Only if the refusal is without adequate reason and contrary to the minor’s best interests.

28
Q

Which of the following is NOT a factor that can affect the validity of a customary marriage?

A

Lack of registration

29
Q

Agree or Disagree: Do you agree that the differentiation in the requirements for customary marriages between KwaZulu-Natal and the rest of the country, which reflects the partially codified Zulu law, is just and appropriate within the broader legal framework?

A

Disagree

29
Q

Do you agree that the validity of marriages entered into before 15 November 2000 should be assessed according to the customary law that was applicable at the time of the marriage, rather than apply contemporary legal standards?

A

Agree

30
Q

Do you agree that the courts should take the initiative in applying customary law, rather than relying on litigants, in order to guarantee equal protection for individuals from diverse cultural backgrounds?

A

Disagree

31
Q

Do you agree that the RCMA has indeed brought about substantial enhancements to the legal status of women married under customary law, ensuring equal rights within marriage?

A

Agree

32
Q

Do you agree that the RCMA goes against traditional values by granting women excessive authority and thereby weakening the traditional essence of customary marriages?

A

Disagree

33
Q

Do you with the statement that a successor in customary law should the right to relinquish or cede their position if they are unable or unwilling to take on the responsibilities associated with the status?

A

Disagree

34
Q

Do you agree with the perspective that the Constitution has significantly improved the legal status of women in customary marriages through its impact on African customary family law?

A

Agree

35
Q

Do you agree with the statement that lobolo should be considered an essential requirement for a valid customary marriage, as it plays a significant cultural and symbolic role in African societies?

A

Agree

36
Q

Do you agree that obtaining the consent of the father or guardian of the intended wife (if she is a minor) is crucial and necessary requirement for a customary marriage in KwaZulu-Natal, or do you believe that this requirement may pose potential challenges and limitations for the parties involved?

A

Agree

37
Q

Do you believe that polygyny should be legally recognised and protected as a valid form of marriage, as it hod economic and social benefits within certain cultural practices?

A

Agree

38
Q

Do you agree that succession in customary law should allow for the removal of a successor if they prove to be unfit or unable to fulfil their duties responsibly?

A

Agree

39
Q

Do you agree that the Constitution’s recognition of customary unions has led to uncertainty regarding property and inheritance rights potentially challenging the preservation of cultural practices?

A

Disagree

40
Q

Do you agree that the absence of legal recognition for customary marriages contributes to the continuation of gender discrimination within those unions, thereby contravening constitutional principles of equality?

A

Agree

40
Q

Do you agree that the law of succession should recognise and accommodate different forms of kinship and relationships, such as adopted children and children from ukungena relationships.

A

Agree

African Customary Law (7 decks)

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