Study Unit 1 - Lecture 4

Question 1

What must courts do before applying customary law?

Answer 1

Ensure it is ascertainable and not against public policy or natural justice.

Question 2

What does Section 1 of the Law of Evidence Amendment Act allow?

Answer 2

Courts may take judicial notice of indigenous law if easily identified.

Question 3

What does Section 211(3) of the Constitution state?

Answer 3

Courts must apply customary law when applicable, subject to the Constitution.

Question 4

What rights are protected in Sections 30 and 31?

Answer 4

Cultural, religious, and linguistic rights—both individual and group.

Question 5

What kind of marriages can Section 15(3) legislation recognize?

Answer 5

Marriages under religious, personal, or family law (e.g., polygynous marriages).

Question 6

What is the constitutional status of customary law?

Answer 6

Equal to other legal systems, but subject to the Bill of Rights.

Question 7

What does Section 38 enable?

Answer 7

Anyone may approach a court to enforce fundamental rights.

Question 8

What does Section 39(2) instruct courts to do?

Answer 8

Promote the spirit, purpose, and values of the Bill of Rights in law development.

Question 9

Case outcome: Bhe v Magistrate?

Answer 9

Male primogeniture in succession was declared unconstitutional.

Question 10

Case outcome: Shilubana v Nwamitwa?

Answer 10

Traditional authorities may adapt customary law to align with the Constitution.