Indigenous Law IND - CHAPTER 1 - FILL IN
The African Indigenous people follow the rules for living without question. This is because the _________________ hold a strong influence over their community and they must be obeyed.
indigenous leaders
Specialised legal systems focus on the rights of the ___________.
individual
A specialised legal system focuses on ______________ rights. There is also a strong focus on formalities and the rules for ______________.
individual, procedure
In modern marriages, the focus is on the interests of the two ___________ who are getting married.
individuals
In unspecialised systems, law, religion and morals are ________________.
intertwined
The African Indigenous people follow the rules for living without question. This is because there are ___________________ which ensure the rules are followed.
law enforcing organs
Specialised systems have a clear separation between the _________, morals, and ___________.
law, religion
Sorcery and ___________ may also be used to protect oneself from harm.
medicines
The laws and customs of indigenous law were passed down through the generations by means of _____________ tradition.
oral
African Indigenous Law has a strong religious element. We can see this in the principle of _________________.
reconciliation
Specialised governments have a _______________ of governmental powers.
separation
It is common knowledge that where person is harmed he or she may claim compensation or use _____________ to get revenge.
sorcery
Generally in a _____________ system, each person can only have one spouse whereas, in unspecialised systems, one _______ can have many ________ at the same time.
specialised, man, wives
South Africa's legal system is _______________, whereas the African Indigenous legal system is _____________________.
specialised, unspecialised
In unspecialised systems, men are seen as ______________ to women.
superior
In African Indigenous law, the ____________ makes the law, executes the law and is the judge in chief.
tribal chief
An ______________ legal system focuses on the rights of the community as a whole. This is an _____________ system.
unspecialised, informal
Indigenous law can be said to be a pre-literate tradition because the laws were ____________.
unwritten
Unspecialised systems focus on the rights of the _____________ as a whole.
community
The African Indigenous people follow the rules for living without question. This is because it is in the ________________ best interests to do so - public opinion; and African Indigenous law is intertwined with _____________.
community's, religion
Unspecialised systems are ____________ in nature. E.g. When two parties get married there is actual visible transfer of the bride and the marriage goods.
concrete
Specialised systems recognise ___________ between men and women.
equality
In indigenous criminal law the wrongdoer's ____________ is punished as a whole for that individual's actions.
family group
In an African Indigenous marriage, the focus is on the ______________ of the individuals who are getting married.
family groups
The African Indigenous people follow the rules for living without question. This is because they have a _________ of being punished if they disobey the rules.
fear
African Indigenous law is the ______________ law of the different African tribes.
generalised
Unspecialised governments do not separate ______________ powers.
governmental
Section _______ of our Constitution states that African Indigenous law must be applied where applicable.
211
The South African Constitution recognises equality in Section _____ of the Constitution - the equality clause.
9
According to African Indigenous law, normal "theft" is classified as a ___________ BUT "stock theft" is classified as a __________.
delict, crime
African Indigenous law focuses on _______________ values.
community
_____________ systems have distinct categories of transgressions.
Specialised
_______________ systems place a strong emphasis on the concept of time. E.g. Marriage occurs at a specific moment in time.
Specialised
____________ systems focus on formalities. This can be seen in procedural law and the law of ____________.
Specialised, evidence
_____________ systems are relatively informal.
Unspecialised
______________ systems do not have clear, distinct categories of transgressions.
Unspecialised
_______________ systems do not place a strong emphasis on the concept of time. E.g. Marriage does NOT occur at a specific moment in time.
Unspecialised
Is indigenous law recognised under the Constitution?
Yes
Specialised systems are _____________ in nature. E.g. People get married or divorced by way of contracts.
abstract
Indigenous people believe that the rules for living are derived from the _____________.
ancestors
Magico-religious concepts deals with a belief in ______________ spirits and ____________.
ancestral, sorcery