Study Unit 2 - Lecture 1 Flashcards
(10 cards)
What is an agnatic group?
A group related through the male line, often consisting of a man, his wives, and descendants.
Who is the legal subject in original indigenous law?
A natural person, not a juristic one (e.g., companies were not recognized).
Could women lead agnatic groups in original law?
No, only men could be heads of families.
What determined legal status in customary law?
Factors like age, sex, marital status, family rank, and mental state.
What marks the legal age of majority in modern law?
18 years (Children’s Act 38 of 2005).
What legal capacity is gained with status?
Right to act legally (e.g., sign contracts, appear in court).
What’s the difference between family and house rank?
Family rank = position in the extended family; House rank = position among wives/houses.
How does polygyny affect household structure?
Each wife forms a separate house; the household may be ranked by order or lineage.
How is rank among children in polygynous households determined?
By their mother’s rank and the household’s section.
What law now protects gender equality in customary law?
Section 9 of the Constitution and the Equality Act 4 of 2000.
