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Questions and Answers
Under customary law, crimes are committed against ______, not individuals.
individuals
Customary law is based on principles of ______ and healing justice.
restorative
The most obvious distinctions between customary criminal law and delict relate mainly to ______ procedures.
legal
Customary law places most emphasis on ________ rights, interests and duties.
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A crime is committed if the perpetrator’s conduct violates the interests of the ______, for example the family, clan or tribal community.
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Based on the principle of co-liability, if any member of the group commits a crime, he or she is punished together with the _______ of the group.
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Customary law is a system of law that is premised on and seeks to protect ________ interests.
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The offence of defiance of the group leader is based on the African values of ________ (respect).
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It is an offence for any member of the tribal community to disregard customs or '________' regulating the duly defined tribal boundaries.
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Under section 117, failure by the family head to report to the chief any serious crime committed or the death of any person at or near his family home is considered an ________.
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Criminal co-liability exists under ______ law
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The most common forms of punishment were confiscation of property, fines and loss of ______
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______ of status: s 30 of the Natal Codes of Zulu Law
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The Witchcraft Suppression Act may not be regarded as a source of ______ law concerning the prohibition against witchcraft
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Restorative justice emphasizes harsher sentences and longer terms of imprisonment.
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The Witchcraft Suppression Act addresses the real issues of witchcraft in South Africa.
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Under customary law, crimes are committed against individuals.
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Criminal co-liability does not exist under customary law.
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True or false: Customary law is generally a penal system based on principles of restorative and healing justice.
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True or false: Crimes under common law are committed against individuals, not the state.
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True or false: The parties in a civil matter under customary law must personally present their case, while in criminal matters the responsible member of the tribal court presents the factual details of the offense and leads the evidence.
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According to customary law, a crime is committed if the perpetrator's conduct violates the interests of the individual.
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Under customary law, the family head is generally liable for crimes committed by individual members of the group.
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Customary law places more emphasis on individual rights, interests, and duties.
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True or false: Customary law prohibits the defiance of the group leader, whether that person is a king, chief or simply a family head.
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True or false: It is an offence for any person to receive 'lobolo' in excess of the scale prescribed in section 62.
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True or false: The Natal Code prohibits the guardian of a woman from permitting the celebration of a customary marriage after the official witness has stopped or directed the suspension of such celebration.
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True or false: Failure by those who have a natural duty to provide the necessities of life for any other person to do so is considered an offence under section 117.
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