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