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tlhalefo seloane
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Decks in this class (24)
Chapter 1 - General Introduction
After you have studied this lecture, you should be able to
• explain the relation between the law and human relationships
• classify customary law
• indicate the different indigenous legal systems that are in force in Southern Africa and the legal implications of this diversity
17
cards
Chapter 2 - Some characteristics of African costmary law
After you have studied this lecture, you should be able to
• identify the general characteristics of customary law
• explain the role of magico-religious conceptions in customary law
• explain the factors that encourage the observance of customary law
7
cards
Chapter 3 - The nature of customary law
After you have studied this lecture, you should be able to
• differentiate between “specialised law” and “unspecialised law”
• indicate the similarities between these types of legal systems
• discuss the differences between these types of legal systems
16
cards
Chapter 4 - Recognition of customary law in the Constitution
After you have studied this lecture, you should be able to
• identify the provisions of the law pertaining to the recognition of customary law
before 1994
• identify the key provisions of the Constitution that provide for the recognition of
customary law
• discuss the implications of sections 30 and 31 of the Constitution with regard to the
recognition of customary law
• explain how the confl ict between the principles of customary law and fundamental
rights should be dealt with
14
cards
Chapter 5 - introduction to customary law of persons
After you have studied this lecture, you should be able to
• identify and explain the factors that may influence a person’s status in African
customary law
• distinguish between status and rank
• explain how house rank influences a person’s status in African customary law
18
cards
Chapter 6 - Introduction to customary family and betrothal law
After you have studied this lecture, you should be able to
• explain the scope and nature of customary family law
• discuss the consequences of polygynous marriage for customary family law
• distinguish between the traditional indigenous (customary) marriage, the customary
union and the customary marriage
• discuss the characteristics of the traditional indigenous marriage, the customary
union and the customary marriage
13
cards
Chapter 7 - The legal requirements for customary marriages
After you have studied this lecture, you should be able to
• explain the concept of legal requirements
• discuss the legal requirements for a traditional indigenous marriage
• discuss the legal requirements for a customary union and a customary marriage
• indicate the similarities and differences between the legal requirements for a traditional
indigenous marriage and those for a customary union and customary marriage
16
cards
Chapter 8 - The consequences of customary marriage
After you have studied this lecture, you should be able to
• distinguish between and explain the general, personal and patrimonial consequences
of customary marriages
• discuss the single and complex systems of ranking
• explain the patrimonial relations between houses
13
cards
Chapter 9 -The dissolution of customary marriages
After you have studied this lecture, you should be able to
• differentiate between the various ways in which customary marriages can be terminated
• discuss the grounds for the dissolution of customary marriages
• explain the effect of such dissolution on marriage goods
• discuss the consequences of dissolution of customary marriages
10
cards
Chapter 10 - Customary law of property
What is the law of property,
Name the categories of property a...,
Explain in depth general property...
8
cards
Chapter 11 - Introduction to the customary law of succession and inheritance
What is the law of succession,
What is inheritance,
What is succession
12
cards
Chapter 12- Legal developments in the regulation of customary succession and administration of estates
What are statutory interventions ...,
Explain testamentary disposition ...,
What are the provisions for the t...
7
cards
Chapter 13 - Constitutional and statutory reforms f the customary law of succession
What is the definition of a desce...,
What is the definition of a spous...,
What is the definition of propert...
5
cards
Chapter 14 - Customary courts and general principles of court procedure
Which of the courts are legally e...,
What is the provision of the cons...,
When are civil actions instituted...
7
cards
Chapter 15 - Jurisdiction of the courts of traditional leaders
Which cases may be heard and deci...,
A traditional leader s powers are...,
Explain jurisdiction in criminal ...
6
cards
Chapter 16 - The African customary law of evidence
Explain what the burden of proof is,
Explain what evidential burden is,
Explain what measure of proof is
16
cards
Chapter 17 - Sentencing and execution of judgments in the customary courts
What is a fearure of judgments by...,
How is the sentence or judgment e...,
What happens if someone refuses o...
4
cards
Chapter 18 - The act as an element of crime
What is a crime,
Briefly summarise the elements of...,
What are the differences between ...
10
cards
Chapter 19 - Unlawfulness, guilt and punishment as elements of crime
Explain in depth what unlawfulnes...,
List the grounds of justification...,
Explain in depth what guilt means...
5
cards
Chapter 20 - Contempt of the ruler, assault and rape
List the punishable crimes in afr...,
List the forms of punishment for ...,
Explain in depth what assault mea...
5
cards
Chapter 21 - Legal recognition of traditional leadership
What is traditional leadership,
Explain in depth how traditional ...,
What are the implications of the ...
3
cards
Chapter 22 - Institutions of traditional authority in South Africa
What are the characteristics of t...,
Explain the traditional state in ...,
Explain the traditional state in ...
12
cards
Chapter 23 - Succession to traditional leadership
What are the principles of succes...,
What are indigenous principles of...,
Which case was pivotal in the ref...
12
cards
Chapter 24 - Traditional leadership and governance
What are examples of traditional ...,
In a determination who is the aut...,
What are the formal requirements ...
8
cards
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African Customary Law
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