Study Unit 4 - Lecture 2

Question 1

What Act limits traditional leader powers?

Answer 1

Black Administration Act 38 of 1927

Question 2

Who may access traditional courts?

Answer 2

Only black people (as defined in Section 35)

Question 3

Who must grant authority for leaders to decide cases?

Answer 3

The Minister for Traditional Affairs

Question 3

Why is this not unfair discrimination?

Answer 3

It’s a justifiable limitation respecting cultural institutions

Question 3

Can traditional leaders try civil cases on divorce of civil marriages?

Answer 3

No

Question 4

What is the key jurisdictional test?

Answer 4

Actual residence in the leader’s area

Question 4

What case allowed lobolo claims in civil marriages?

Answer 4

Gqada v Lepheana (1968)

Question 5

What crimes are excluded from traditional court jurisdiction?

Answer 5

Serious crimes like murder, rape, fraud, arson (per Third Schedule)

Question 6

Can leaders punish non-black people?

Answer 6

Only for contempt of court in facie curiae

Question 7

What is the max fine a leader can impose?

Answer 7

R40 or 2 large / 10 small livestock

Question 8

What case declared corporal punishment unconstitutional?

Answer 8

S v Williams (1994)

Question 9

What can a magistrate do if a fine isn’t paid?

Answer 9

Confirm it and order up to 3 months’ imprisonment

Question 10

What can a traditional court judgment become?

Answer 10

Res iudicata (final and binding)

Question 11

Can new evidence be introduced on appeal?

Answer 11

Yes, making it similar to a retrial.