African Customary Law and Leadership

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According to the South African Law Commission (SALC), what is the danger of allowing all courts to apply the customary law of crime?

It may lead to a major question of policy

It may challenge the assumption that the common law should provide an overall framework for government and control of the population

It may broaden the scope of customary criminal law

It may result in turmoil parallel to the criminal law under the common law and legislation (correct)

What has always been assumed since colonial times about the common law in South Africa?

It should be disregarded in criminal cases

It should be replaced by customary law

It should be the sole source of criminal law

It should provide an overall framework for government and control of the population (correct)

Why does the SALC suggest not changing the existing position of applying customary criminal law?

It would result in a major question of policy (correct)

It would broaden the scope of customary criminal law

It would challenge state sovereignty

There is no good reason to change the existing position

Which term is commonly used to refer to medicine, whether it is good or bad, in the Nguni languages?

muthi Signup and view all the answers

In the context of witchcraft, what does the term 'ukubhula' mean in isiZulu?

to consult a diviner Signup and view all the answers

What is the punishment for being a wizard in traditional customary law?

Frowning upon Signup and view all the answers

Which statement about the crime of witchcraft in South Africa is true?

Witchcraft is equivalent to assassination Signup and view all the answers

Which of the following is NOT a punishment that can be imposed by a chief, headman, or chief's deputy?

Death penalty Signup and view all the answers

What is the main reason why people voluntarily observe the rules of customary law?

Fear of supernatural punishment Signup and view all the answers

What were the traditional punishments for more serious crimes?

Banishment and execution Signup and view all the answers

What did the British colonial government of the Cape do in the early 1800s?

Started replacing the existing criminal procedure with the British system Signup and view all the answers

What was the reason for the applicant's dismissal in the Metal and Electrical Workers Union of SA obo Sibuyi and Wireforce Steelbar (Pty) Ltd case?

The applicant was believed to have practiced witchcraft. Signup and view all the answers

In the S v Alam case, what did the traditional healer ask the accused to obtain?

Human blood Signup and view all the answers

According to the Witchcraft Suppression Act, what sentence must the court impose if the practice of witchcraft results in the death of a human being?

Life imprisonment Signup and view all the answers

In the S v Latha case, what was the court's justification for imposing a lesser sentence?

The accused were laboring under a serious delusion. Signup and view all the answers

According to African customary law, what were the most common forms of punishment?

Confiscation of property and fines Signup and view all the answers

What is the purpose of punishment in African customary law?

To rehabilitate the offender and ensure compensation for the victim Signup and view all the answers

What is the perception about customary law's distinction between crimes and delicts?

Customary law does not distinguish between crimes and delicts Signup and view all the answers

What are the penalties imposed by the traditional court in criminal matters primarily paid in?

A combination of livestock and money Signup and view all the answers

What is the main argument for not allowing offenders to plead innocence based on cultural tradition?

It affects the public weal Signup and view all the answers

What is the main difference between customary criminal law and the customary law of delict?

Customary law requires negotiations and settlement attempts for civil matters, but not for criminal matters Signup and view all the answers

Who has the discretion to allow negotiations and extrajudicial settlement in criminal matters under customary law?

The traditional leader Signup and view all the answers

What is the main purpose of customary law?

To restore harmony and heal relationships Signup and view all the answers

Which factor determines inhlonipho in most African communities?

All of the above Signup and view all the answers

What is the problem with the offence of defiance or contempt in customary law?

It depends entirely on what the leader considers defiance or contempt Signup and view all the answers

What is the authority of chiefs in KwaZulu-Natal?

They have the authority to require compliance by the people under their jurisdiction with their duties under Zulu law Signup and view all the answers

What did the Court rule in the case of S v Moshesh?

The chief had the authority to give the order Signup and view all the answers

According to the Witchcraft Suppression Act, which of the following practices is considered an offense?

Professing a knowledge of witchcraft and advising someone how to bewitch Signup and view all the answers

What is the primary purpose of Section 1(a) of the Witchcraft Suppression Act?

To punish people for naming others as witches or wizards Signup and view all the answers

What was the alleged consequence of using witchcraft muthi during the 2012 Marikana strike?

The shooting of striking miners by police Signup and view all the answers

Which of the following is questionable regarding the practices associated with witchcraft in South Africa?

The alleged consequences of witchcraft practices Signup and view all the answers

What is the punishment for contempt of a chief's court directed at a king or a supreme chief?