Podcast
Questions and Answers
According to the South African Law Commission (SALC), what is the danger of allowing all courts to apply the customary law of crime?
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?
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?
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?
Which term is commonly used to refer to medicine, whether it is good or bad, in the Nguni languages?
In the context of witchcraft, what does the term 'ukubhula' mean in isiZulu?
In the context of witchcraft, what does the term 'ukubhula' mean in isiZulu?
What is the punishment for being a wizard in traditional customary law?
What is the punishment for being a wizard in traditional customary law?
Which statement about the crime of witchcraft in South Africa is true?
Which statement about the crime of witchcraft in South Africa is true?
Which of the following is NOT a punishment that can be imposed by a chief, headman, or chief's deputy?
Which of the following is NOT a punishment that can be imposed by a chief, headman, or chief's deputy?
What is the main reason why people voluntarily observe the rules of customary law?
What is the main reason why people voluntarily observe the rules of customary law?
What were the traditional punishments for more serious crimes?
What were the traditional punishments for more serious crimes?
What did the British colonial government of the Cape do in the early 1800s?
What did the British colonial government of the Cape do in the early 1800s?
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?
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?
In the S v Alam case, what did the traditional healer ask the accused to obtain?
In the S v Alam case, what did the traditional healer ask the accused to obtain?
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?
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?
In the S v Latha case, what was the court's justification for imposing a lesser sentence?
In the S v Latha case, what was the court's justification for imposing a lesser sentence?
According to African customary law, what were the most common forms of punishment?
According to African customary law, what were the most common forms of punishment?
What is the purpose of punishment in African customary law?
What is the purpose of punishment in African customary law?
What is the perception about customary law's distinction between crimes and delicts?
What is the perception about customary law's distinction between crimes and delicts?
What are the penalties imposed by the traditional court in criminal matters primarily paid in?
What are the penalties imposed by the traditional court in criminal matters primarily paid in?
What is the main argument for not allowing offenders to plead innocence based on cultural tradition?
What is the main argument for not allowing offenders to plead innocence based on cultural tradition?
What is the main difference between customary criminal law and the customary law of delict?
What is the main difference between customary criminal law and the customary law of delict?
Who has the discretion to allow negotiations and extrajudicial settlement in criminal matters under customary law?
Who has the discretion to allow negotiations and extrajudicial settlement in criminal matters under customary law?
What is the main purpose of customary law?
What is the main purpose of customary law?
Which factor determines inhlonipho in most African communities?
Which factor determines inhlonipho in most African communities?
What is the problem with the offence of defiance or contempt in customary law?
What is the problem with the offence of defiance or contempt in customary law?
What is the authority of chiefs in KwaZulu-Natal?
What is the authority of chiefs in KwaZulu-Natal?
What did the Court rule in the case of S v Moshesh?
What did the Court rule in the case of S v Moshesh?
According to the Witchcraft Suppression Act, which of the following practices is considered an offense?
According to the Witchcraft Suppression Act, which of the following practices is considered an offense?
What is the primary purpose of Section 1(a) of the Witchcraft Suppression Act?
What is the primary purpose of Section 1(a) of the Witchcraft Suppression Act?
What was the alleged consequence of using witchcraft muthi during the 2012 Marikana strike?
What was the alleged consequence of using witchcraft muthi during the 2012 Marikana strike?
Which of the following is questionable regarding the practices associated with witchcraft in South Africa?
Which of the following is questionable regarding the practices associated with witchcraft in South Africa?
What is the punishment for contempt of a chief's court directed at a king or a supreme chief?
What is the punishment for contempt of a chief's court directed at a king or a supreme chief?
What is the basis for customary law rules for contempt of a chief?
What is the basis for customary law rules for contempt of a chief?
Which court proceeding involves contempt committed outside of court?
Which court proceeding involves contempt committed outside of court?
Which offense remains in the law books in KwaZulu-Natal under the Natal Code of Zulu Law?
Which offense remains in the law books in KwaZulu-Natal under the Natal Code of Zulu Law?
