study unit 3 activities

1. Define Property in customary law?

2. What does Property in customary law involves?
3. Name divisions of customary law property?
4. Discuss types of property in customary law.
5. Discuss controls of property in customary law of property.
6. Give examples of property in the sense of customary law of property.
7. What are rights in things called in customary law of property?
8. Name 5 categories of real rights in customary law of property.
9. What is the most known or common real rights in customary law of property?
10. Distinguish 3 categories of properties in customary law?
11. Describe general property in customary law of property.
12. Describe house property in customary law of property.
13. Describe personal property in customary law of property.
14. Who controls the general property in customary law of property?
15. What constitute general property in customary law of property?
16. What constitute house property in customary law of property?
17. What constitute personal property in customary law of property?
18. Describe, discuss and compare property in customary law.
19. Explain the legality of disposal house property by the head and the role of wife of the
house in that regard.
20. Original Indigenous customary law does not promote legal action, where there was
failure to repay a debt that benefited the other house. Explain the logic.
21. Give 5 properties of house property in customary law of property.
22. What action can be taken where clear prodigality of house property in customary law
and who must take that action?
23. Discuss control over house, personal and general property of customary law.
24. Define personal property in customary law.
25. What are properties of personal property in customary law?
26. What is succession in terms of customary law?
27. Contrast succession in customary law and western legal systems.
28. What is the difference between common and customary law in relation to both
inheritance and succession?
29. Give general principles of customary of succession in KZN ( in terms of assets and
liabilities.
30. Give general principles of customary of succession in other parts of the country
excluding KZN ( in terms of assets and liabilities.
31. Give general principles of customary law of succession in the whole country.
32. Define patronage and primogeniture in original indigenous law.
33. Can succession in indigenous customary law be ceded or transferred? Explain.
34. Who are the ascendants in customary law?
35. What are collateral relatives in customary law?
36. Who enjoys most preference between ascendents and descendants and why?
37. Name three ways how general order of succession in customary law takes place.
38. Distinguish between succession in a monogamous household and succession in a
polygamous household.
39. What is the role of a family council over family head in terms of use of general
property?
40. How does special succession come about?
41. Discuss special succession in customary law.
42. What are the methods of disposition of property available for the family during his
lifetime?
43. Furnish 5 methods of making allotments in modern indigenous law.
44. How else do sons acquire lobolo or marriage goods in original indigenous law?
45. Which groups in South Africa use daughter’s marriage goods for the wife of the son?
46. Is disinheritance being practiced in indigenous customary law?`
47. What is the difference between inheritance and succession?
48. State the main principles of the customary law of succession.
49. Distinguish between general succession and special succession.
50. Explain various methods of disposition inter vivos. What is the legal meaning of such
a disposition.
51. Explain and identify the main concepts of customary law of property.
52. Discuss the types of property and how they are controlled.
53. Explain and apply the general principles of the customary law of succession and the
order of success.
54. Discuss the powers and duties of a successor.
55. Discuss the relevant case law that affecting the principles of intestate inheritance.
56. Discuss the difference between movable and immovable property in customary law
57. Discuss the difference between general, house and personal property in customary
law.
58. Explain the constitutional and statutory reforms to the customary law and succession.
59. Describe the nature and scope of customary real rights.
60. Discuss control over property in customary law.
61. Identify the influence of colonial regulation of customary law of succession.
62. Explain conflict between the principles of customary law of succession and
constitutional principles.
63. Identify and list different ways that have been used on occasion to administer estate
of black persons.
64. Identify the unconstitutional aspects of succession to administer estate of black
persons.
65. In original customary law, total disposition of property by means of a will is unknown.
Explain why?
66. Which Act regulates Wills in modern customary law?
67. Furnish relevant sections of Black Administration Act of 1927 that regulate
succession among indigenous African people.
68. Explain the implication of section 23 (a) Administration Act 66 of 1965.
69. What is intestate succession?
70. What do they mean by testamentary disposition?
71. Prior to 6 December 2002, if a black person had died without a will. Which court
would administer his estate.
72. Before the declaration unconstitutional the principle of primogeniture, what did the
latter provides?
73. Give detailed facts of the case in Bhe v Magistrate Khayelitsha exclusively around
primogeniture rule of original indigenous customary law.
74. Discuss testamentary disposition in customary law.
75. What are the implication of the following dated in respect of both intestate and testate
of black people:
1. Before 6 December 2002
2. From 6 December 2002 – 15 October 2004.
76. Discuss judicial reforms to the principle of primogeniture.
77. Discuss the statutory reforms introduced to the customary law of succession.
78. List persons entitled to inherit from black deceased person’s estate.
79. The Bhe case brought customary intestate succession into alignment with the values
enshrined in the Constitution of South Africa. Give facts and such alignment as
argued and delivered as judgment in of the case.
80. Give definitions of the following in terms of the Act:
1. Descendant
2. A Spouse
3. Woman -to- woman marriages
4. Property acquired by a traditional leader.
81. Define “seed raiser” in terms of Section 1 of the Act.
82. A woman other than the spouse of the deceased with whom the deceased had
entered into a union in accordance with customary law for the purpose of providing
children for the barren spouse’ ’house, must, if she survives him, be regarded as a
descendant of the deceased.
83. Which group groups in South African practices woman to woman marriages for the
purpose to procreate children?
84. How does the concept “ngena” enables woman to woman relationship.
85. How does woman to woman relationship marriage in customary law differ from
modern homosexual relationship?
86. Property held by a chief acting as a traditional leader in accordance with Traditional
Leadership Governance Framework Act is included in his personal estate for the
purpose of inheritance. True / False
87. Define descendants of the deceased according to disposition when applying the
principles in Act 11/2009
88. Explain the principle of distribution of estate in terms of Act 11/ 2009
89. Which courts in the South Africa are empowered by the Constitution to apply
customary law?
90. Which provisions of the Constitutions give courts powers to apply customary law
91. State the provisions of Sectiona 211 (3) of the Constitution of the Republic of South
Africa, 1996.
92. Courts of traditional authorities are established and recognized in terms of which old
Act?
93. Small claims courts are eligible to apply customary law. True / False
94. Which of the two courts is recognized by the legislation. Headman or Chief’s court?
95. Explain the difference between headman and chief’s courts and their order of
statuses.
96. The trial procedure of both headman and chief’s court are the same.True / False
97. What constituted civil action in customary law?
98. Discuss lodgment procedure in customary law.
99. Who institute civil action in customary law?
100. In customary law, if an act or conduct gives rise to both civil and criminal
actions, they dealt with in the same hearing. True / False
101. Compare common law and customary law logdment procedure.
102. List the main principle of the African Customary courts.
103. All court sessions are open to public in customary law. True / False.
104. Does the rule of default judgment apply in customary law?
105. Explain legal representation in customary law.
106. Do courts in customary law keep any records?
107. What is the role of chiefs in customary law?
108. Explain the pattern of court proceedings as followed in customary law.
109. Court proceedings in customary law are formal. True / False
110. Explain the following Sotho maxims in relation to court proceedings in
customary law:-
1. Molato ga o re re o mongwe
2. Selepe ga se itheme
3. Molato gao lefiwe ka o mong
4. Maebana mabedi ga a rakwe.
111. How does / did customary law view the term, perjury?
112. What is the implication of prescription of debt or a case in customary law and
with which Sotho maxim would you link the implication?
113. In indigenous customary law, what happens to the claim action if the claimant
dies?
114. The court proceedings in customary law are inquisitorial in nature. Explain
how
115. Indicate the characteristics of African Customary law as reflected in the
African customary courts.
116. Special courts of the traditional leaders are in conflict with the Bill of
Rights.Discuss
117. Describe the civil jurisdiction of the courts of traditional leaders.
118. Discuss the crimininal jurisdiction of the courts of traditional leaders.
119. The decision of a traditional leader who hears and decides civil claims
constitutes court and his finding is binding and the case becomes a res iuducata.
True / False.
120. List cases that a traditional leader may hear and decide.
121. Traditional leaders may not decide on any matter concerning nullity, divorce
or separation in respect of civil marriage between black people. True / False
122. A traditional leader is empowered to decide on any lobolo claim arising from
civil marriage. True / False.
123. Traditional leader’s powers are limited to every South African in his
jurisdiction. True / False.
124. In Ex Parte Minister of Native Affairs (1940 AD 53), the made an
interpretations of the word resident, in terms of jurisdiction of traditional leaders.
Name 4.
125. How is the person’s residence determined in relation to the jurisdiction of the
traditional leader’s adjudication of the matter.
126. What processes stays execution of the sentence by the traditional leader?
127. Where does one direct the appeal of the decision and sentence of the
traditional courts.
128. A person has a right to appeal to the magistrate’s court a claim as little as
R10. True / False
129. There is a rebuttable presumption that a traditional leader has the proper
powers to hear and decide a case. True / False.
130. The principle of Audi Alteram partem does apply in African traditional courts.
True / False.
131. List 3 classes of crimes that the traditional leader is empowered / competent
to preside over and what are limitations of his jurisdiction.
132. What are the limitations of a traditional leader’s jurisdiction to preside over
crimes?
133. The Minister prescribes by way of regulations, offences to be presided over
by the traditional leaders. True / False
134. Where offence involves property that does not belong to black, the traditional
leader cannot preside over such hearing. True / False
135. List punishments that may be imposed by the traditional leader.
136. Discuss criminal jurisdiction of the courts of traditional leaders.
137. Discuss civil jurisdiction of the courts of traditional leaders.
138. Explain appeals of the courts of the traditional courts
139. The courts of traditional leaders are accessible to black persons only, do you
think these courts are discriminatory? Evaluate the statement.
140. Explain statutory reforms of succession and inheritance in customary law.