three limitation of intestate act all answers for grade twelves

Grade 12s, this are your answers to the most recent mock exams. Study them I hope they benefit you. We will comence with revision, seeing as the workshop has taken away a te week from our learning. Hope to see you soon the Lord willing. THE KAMWALA SECONDARY SCHOOL SOCIAL SCIENCE DEPARTMENT CIVIC EDUCATION SECTION GRADE 12 CIVIC EDUCATION MOCK EXAMINATIONS PAPER 2 DATE: 2 AUGUST, 2016 TIME: 2 HOURS NAME:________________________________ CLASS:_______ INSTRUCTIONS TO CANDIDATES 1. Do not open this question paper until you are told to do so. 2. Write your answers in the spaces provided. 3. Write your name on the Answer sheet. 4. There are three (3) Sections in this paper. 5. Answer all questions from Section A. 6. Answer four (4) questions from Section B. 7. Answer two (2) questions from Section C. INFORMATION TO CANDIDATES 1. You are advised to read carefully through the whole paper before choosing the questions you intend to answer. 2. Cellphones are not allowed in the examination room :1- SECTION A (20 MARKS) Answer all questions in this Section using one word or short phrase 1. State two methods of planning. i) Centralised (1) ii) Decentralised (1) 2. State the quality of a good citizen that drives one to perform his or her duties honestly and diligently (1) Honesty 3. Which Constitution Review Commission recommended the reintroduction of Multiparty democracy? (1) Mvunga commission 4. Distinguish a treaty from a declaration (2) A treaty is legally binding where as a declaration isn't 5. A Naturalised citizen can lose citizenship if that person is expelled from the country of residence by the state. This kind of expulsion is known as (1) expatriation. 6. Mention any one element of crime (1) Intent or action. 7. Suggest two ways in which a country can achieve economic development (2) investing in agriculture. Promoting manufacturing. 8. Distinguish between the Intestate Succession Act and the testate Succession Act. The intestate succession act is a law guiding the distribution of property in the event that one dies without a will, where as the testate succession act deals with cases where the deceased has left a will. (2) 9. Define Carnal Knowledge (1) having sexual intercourse with a minor. 10. If a person is aggrieved by any determination of the high court, he or she • may appeal to the Supreme Court, provided their case is not. (1) 2 Flimzy or vexetious 11. State the focus of each of the following optional protocols to the International Covenant and the Civil and Political Rights (ICCPR) of 1966. Abolition of the death penalty. Right to complain to the united nations human rights committee 12. Trade is selling and buying of goods and services. Identify two types of trade. i) (1) local ii) international trade (1) 13. Define the Judicial terms i) Res Judicature (1) A matter already judged and can be refered to in similar cases. ii) Prima Facie (1) found with a case to answer. SECTION B There are seven (7) questions in this section. Answer any four (4) questions of your choice in the answer spaces provided. 1. Study the table below and answer the questions that follow:The International Bill of Rights 3 A International Covenant on Economic, Social and Culture Rights (ICESCR) - 1966 B Specialised Human rights Instruments International Convention on the Elimination of all forms of Racial Discrimination (ICERD) 1965 C Convention Against Torture and Cruel Inhuman or Degrading Treatment or Punishment (CAT) 1984 D International Convention on the Protection of Rights of All Migrant Workers and Members of their families (CMW) 1990 a) Name the Instrument Marked A (1) b) When was the instrument mentioned in (a) adopted? (1) c) Identify the Covenant marked B (1) d) Distinguish the Instrument marked A from the Covenant marked B (1) e) Mention the specialized Human Rights Instrument marked C and D i) C (1) ii) D (1) State one right in the International Covenant on Economic Social and Cultural Rights. (1) g) State two rights in B (2) (10) 2. Briefly outline measures that can be taken to prevent pollution in Zambia. 4 Encourage the use of clean energy. Improve water and sanitation services. Strengthen legeslation. Empower law enforcers to prosecute lawbreakers. or any other common sense answer. (10) 3. In its effort to fight poverty, the United Nations has developed the Human Poverty Index (HPI) to measure poverty in term of deprivation. a) Give the three areas that the Human Poverty Index measures. i) Life expectancy/long and healthy lifestyle (1) Knowledge/eliteracy/education ii) (1) iii)Economic provision/income/purchasing power (1) b) What is Poverty datum line (2) A statistical measurement for poverty. A person is poor if they live below the datam line. c) Poverty can be perceived at different levels. Outline any three characteristics at which poverty is perceived at different levels i) (1) Personal/phisical ii) Economic status, (1) iii) Social status (1) d) Analyse two Poverty Alleviation Measures i) (1) Any two of: The following are some of the ways in which poverty in Zambia can be alleviated; - improving the provision of education as education is a very powerful tool for ii) poverty reduction, - increasing food production and empowering small scale farmers - improving the health status of people, especially the poor - reducing the incidence, infection and the socio-economic impact of HI V and AIDS - increasing access to safe water and sanitation (1) (10) 4. Banking is saving money in a financial institution. In Zambia the Central bank is the principal financial institution that acts as a regulator of the banking system. It provides services to the commercial banks and manages the money supply for the benefit of the country’s economy. 5 Questions a) Identify any three Commercial banks in Zambia. (i) Stand chart ii) Barkleys, Zanaco,/any other iii) (3) b) Mention ay three functions of the Commercial banks. i) Receive deposits from the general public, ii) Advice customers on investment opportunities. iii) Lend money to businesses/any other. (3) c) Explain any two types of accounts that Commercial banks use to attract deposits from the public. i) Current account, used for ordinary transactions and can be accessed easily. ii) Fixed deposite customer keeps money with bank for a specified period and is rewarded with interest. (2) d) Name the Central Bank. The Bank of Zambia (1) e) Mention one function of the Central Bank. Managing money supply. (1) (10) 5. Mrs. Hamakowa died intestate. Her property was shared according to the Intestate Succession Act of 1989. Her total estate was K3,500. a) Explain the concept Intestate Succession. law dealing with iheritance where deceased has left no will. (1) b) What name is given to the Criminal practice of taking away property from a bereaved family? (1) Property grabbing. c) Calculate how much each of the following will get? i) Children (1) 1750 ii) Spouse 700 6 (1) d) The other term for personal chattels and house is (1) personal effects. e) Mention any three limitations of the Intestate succession Act of 1989. i) Customery law. (1) ii) It doesn't protect children born out of wedlock sufficiently since they can be denied property if not recognised by the surviving spouse. (1) iii) Women are denied access to land acquired under customery law and this is not addressed by the act. (1) I) Who is an administrator? (1) person responsible for distributing the deceased's property. g) Define a will. (1) A legal document stipulating the distribution of an individual's property following their death. (10) 6. Below is the table showing substances abused by young people in Zambia and their effects. a) Define the following terms: i Substance abuse The mis use or incorrect use of a substance. (2) 7 Drug Classification Effects J_Side Effects Nicotine timulant Highly Addictive Increase heart rate causing the heart to work harder A B Depressant Stimulant Addictive Addictive Drunkenness Poor memory . Depressant Slow refluxes Jenken C Mind altering May cause damage to the liver ii) Physical dependence (2) b) Mention the missing drugs on A and B. A (1) B (1) c) Suggest two ways of preventing supply and consumption. i) (1) build recreation facilities. ii) prosecute suppliers. (1) d) Briefly explain the effects of Cannabis (Chamba) on the user. (2) • causing cravings for certain foods (increasing appetite) • making most users feel a false relaxation or be talkative (10) 7. Briefly explain the following Courts in Zambia. a) Local Courts (2) handles customary law cases. b) Magistrates Courts (2) Also called the subordinate court. Presided over by a magistrate. Lawyers are allowed to practice. d) Industrial Relations Court (2) Responsible for handling labour matters. Is at the same level as the high court. e) Supreme Court Is the final court of appeal, is on the same level as constitutional court. deals with quesstions of law only. 8 c) High Court presided ov over by puinie judges. Lawyers practice in the high court. (2) (2) SECTION C ESSAY QUESTIONS (40 MARKS) This Section consists of five (5) essay questions. Answer two (2) questions using your own answer sheet. Question one (1) is compulsory: Choose the other question from the remaining four (4). 1. Describe the constitution making and adoption processes. What are the characteristics of a good constitution? (5:7:8)Constitution-making Process Different countries use different ways to make their constitutions. For example, the United States of America used the Constituent Assembly to make its Constitution The Constituent Assembly was a group of representatives elected by various states. . The group drafted the Constitution for the country. In Zambia, the Executive wing of government initiates the making of the National Constitution. The Republican President using the Inquiries Act appoints a CRC to collect views from citizens through sittings conducted in all parts of the country. Citizens make submissions to the CRC orally or in writing as individuals or groups. Thereafter, the CRC produces a draft constitution. The Inquiries Act is a law which empowers the President to appoint a Commission o/Inquiry. (b) Constitution Adoption Process Constitution adoption process means the process of approving the copy of a draft constitution so that it becomes an official document. There are two main methods which are used to adopt a constitution. The first is through Parliament. The draft constitution is submitted to Parliament. Parliament debates the draft before adopting it and sending it to the President for assent. Zambia has used this method three times. The draft constitutions for the Chona Commission of 1972, the Mvunga Commission of 1991 and the Mwanakatwe Commission of 1995 were all adopted through this method. The second method of adopting a constitution is through a Constituent Assembly (CA). This is a body of representatives elected by their respective interest groups to formulate, amend or adopt a constitution of a country. Representatives are drawn from churches, learning institutions, trade unions, the civil society, student bodies and special interest groups. The most important thing is that every citizen regardless of gender, religion, ethnicity, creed, age, sex and beliefs identifies with the interests being expressed by a member or members of a Constituent Assembly. Countries such as the United States of America, India, Namibia, Uganda, South Africa and Ethiopia adopted their constitutions through this method. The adoption of the constitution by a Constituent Assembly is more representative than by Parliament. It is independent and free from the control of the government or any person. The choosing of the members of the National Constitutional Conference (NCC) is similar to that of the Constituent Assembly in that its members are drawn from various interest groups. The only difference is that the final draft constitution of the NCC has to be adopted by Parliament. The following are some of the characteristics of a good constitution. A good constitution must: • be clear. The language used in the document must not be too technical Ordinary citizens other than lawyers should be able to understand it. • be neither too rigid to prevent change nor too flexible to encourage tampering with the basic principles • be stable and stand the test of time (useful for a long period of time) be changed at the pleasure of each president that comes to power • protect and respond to the social, economic and political needs for citizens • cater for the interests of various groups in society protect the rights of citizens 2. What is a culture of peace? Identify challenges to peace and explain the role of the United Nations in promoting peace. (4:4:12) Some people define peace as the absence of war and violence. Others define peace as a state of harmony and brotherhood between men and women. Yet others define peace as a unit of love. Another group of people have said that peace is a state of harmony with the environment and the planet. case, for instance, wit One challenge to peace is that some people argue that war and violence are organic, meaning that war and violence Jre inevitable and unavoidable features of human society. But other people argue that generosity and good heartedness are predominant. Another A second challenge is that peace and justice are sometimes viewed as contradictions in practical terms. If one believes that the only way to prevent injustice and create justice is by force, then such a person believes that justice requires hostilities and war. This approach is exemplified by the belief of Allied forces during the Great War in Europe where Allies argued for a 'War to end all Wars'. Unfortunately although the Allies won the war, the resulting 'Peace' Treaty ofYersailles only set the stage for the even much bloodier World War II. Therefore, peace and justice may not always be achieved by war. Yet another challenge to peace comes from people's desire to have power and to be at an advantage in relation to others. Such a situation often leads to competition which may result in violence and war. This situation is seen in some religious and ethnic groups. These groups sometimes see themselves as being oppressed and, therefore, they resort to argue that violence and war are the only ways to defend their religions or ethnic groups. The roles of the united nations include: Promoting justice through institutions such as the international criminal court. Assisting refugess by facilitating their safety in countries of refuge. Providing humaniterian assistance. Sending peace keepers to warzones. Providing development aid. Facilitating peace talks so as to end conflicts. 3. Explain the Intestate Succession Act of 1989. Analyse the challenges if the Act. (6:14) Was passed in 1989. Is guideline for property distribution where person dies andleaves no will. Used to prevent property grabbing. Customary Law of inheritance in practice in Zambia does not prate t the widows and the orphans owing to the patriarchal nature of the Zambian society. Therefore, property grabbing is still rampant despite the existence of the Intestate Succession Act; a thing which is inconsistent with the Universal Declaration of Human Rights. A 'common law marriage' or 'marriage by reputation' is a situation where a single woman and man live together as husband and wife without dowry or marriage payment. This is often referred to as co-habitation. However, courts do not recognise such unions for they are not bound by marriage payment. In such a situation, the surviving 'spouse' may be denied a share from the deceased's estate. Children born out of wedlock if not known or recognised by a surviving spouse, do not benefit from the property of their deceased parent and the law is not protective. A child bom in such circumstances should also fully enjoy his or her rights. Section 2 of the Intestate Act does not protect women over the control of traditional land which is primarily governed by Customary Laws. In view of this, women are denied access to traditional land left by their deceased husbands. In this way married women can only have access to customary land through their husbands. Section 10 ofthe Intestate Act provides for the surviving spouse to have life interest in property like the house but in practice if she or he remarries she or he loses the rights to the house. However, the Act seems to be applicable only to widows aild widowers. Section 29 of the Intestate Act provides for the punishment of erring administrators. However, in practice this does not usually happen for fear of breaking customs and cultural norms. The Intestate Act supports the legality of polygamous marriages. In real sense, this deprives the first wife of her rightful status and position in a marriage. The Intestate Act does not have a provision for assistance of the vulnerable children, especially double orphans. Some of these children have no relatives to support them and hence find themselves in an economic crisis. The Act has no clear cut clause or statement encouraging relatives to support the deceased person's children. 1. 4. Describe the three (3) types of Development planning. (6:8:6) Short Term Plan A short term plan may cover a short period from six months to one year, for example, the Annual National Plan. The Annual National Plan is the control plan which checks different ministries to make sure that what was planned and budgeted for has been implemented. After Parliament has passed the National Budget, resources are allocated according to the government plan in a year. The Annual National Plan is not a substitute for the other plans. It takes into consideration the medium or the long term plan, which sets its direction. The major challenge about short term plan is underestimation. The plan may list what the country needs rather than what the country is capable of achieving. Medium Term The medium term plan ranges between three and seven years, with five years as the most popular choice. The purpose of the medium term plan is to move towards selfsustaining growth. For example, after independence Zambia had the Emergency National Development Plan which was designed to move the country from colonial monoeconomy to diversified economy. In the medium term plan, government identifies priority areas for development. The main objectives of the medium term plan may be to: - diversify the economy and to eliminate over dependence on one or two products. - increase the value of the nation's own output. - maintain reasonable price stability. 59 - eliminate disparities between urban and rural populations in terms of wealth and job opportunities. - raise the level of general education. - provide training to equip more people for administrative and technical jobs. - develop the necessary social infrastructure such as schools, hospitals and roads. - develop transport and communications. - attain self sufficiency in food supply and security and new sources of energy. - balance development between manufacturing industry and agriculture. - stabilise the economy by controlling inflation. - periodically review the exchange and interest rates. Long Term Plan The long term plan is sometimes referred to as the Long Range Development Plan. It covers a period of ten to twenty years or even above. This type of plan is mostly needed for the implementation of large scale projects such as: - construction of hydro-electric power stations. - reforestation. - opening new mines. - construction of new roads and railway lines. Such projects take a lot of time to complete. They are very important for national development. The Long Term Development Plan gives government enough time to mobilise resources for the projects. It also enables government to spread development to all areas, particularly in rural areas. A long term plan takes care of the shortcomings of short and medium term plans such as planning for too many things in one budget. 5. Explain the following types of marriages in Zambia. a) Statutory Marriage b) Customary Marriage (10:10) 9 In Zambia, there are only two types of marriage that are recognised by law. These are the statutory and customary marriages. Statutory Marriage This is also referred to as a civil marriage. It is defined as a voluntary union of one wife and one husband for life and excluding all others. It is a monogamous marriage, meaning having only one wife or one husband at a time. It is not legal to convert a statutory marriage to a customary one. Before independence, civil marriage was not accorded to Africans because the colonialists believed that all Africans were polygamous. Take out a Notice of Marriage This is a notice of intention to marry, made on a prescribed form to the Registrar of Marriages at the Local Council offices. The notice will be published outside the Registrar's office for 21 days. Every District Council has a Registrar of Marriages. At least one of the parties intending to marry should be resident within the district registered under for at least 15· days before the marriage ceremony. After 21 days, the marriage will be solemnised, meaning celebrated, by a Marriage Registrar or a licensed church priest or a pastor. The doors to the building where the marriage is being celebrated should be open. If the ceremony has to take place elsewhere other than a church building or the council offices, then a special licence or arrangement has to be requested for from the appointed Marriage Registrar. During the period of notice, any person can stop the marriage if there is a good reason for the two people not to marry by writing the word, forbidden and giving reasons, in the Marriage Notice Book. This should be done before the Registrar issues a marriage certificate. If there are no problems, the marriage should be registered within 3 months of the notice. Marriage Payments In a statutory marriage, no marriage payment or anything is required unless the individuals concerned just want to observe the customary ritual of paying for marriage. The Marriage Act does not stipulate any payment of any kind. Most Zambians intending to marry observe the traditional ritual of marriage payment commonly known as lobola Solemnisation of Marriage This is when the actual wedding is performed following the laid down ritual' such as each of the parties publicly declaring that he or she has agreed to wed the person that they are standing next to by saying this aloud and mentioning all the names of the person. The rituals also involve the undertaking of the vows done by both parties in front of witnesses, the exchanging of the rings and the signing of the Register. The ceremony should take place in a room with open doors and between 08:00 hours and 18:00 hours. There should be at least two witnesses who will sign the Marriage Register and Certificate, together with the official performing the ceremony and the couple. 36 Marriage Certificate Customary Marriage This is marriage contracted under customary practices. In a customary marriage, a union may not be voluntary as it is in a civil marriage because one may be compelled to marry a person chosen by one's relatives. A customary marriage may also not be a union of one man one woman because in most ethnic groups of Zambia such as Senga, Ngoni, Luchazi, Luvale, Lunda, Namwanga, Tumbuka, Totela and Tonga, a man may take other wives. Divorce in a customary marriage is easier than in a statutory marriage. This is when the parents or the guardians of the woman getting married give permission for her to marry and also when the persons getting married agree to marry. Marriage Payment There is always payment as recognition of the marriage. This payment can be a token sum or a substantial amount depending on the ethnic group. The payment is made by the bridegroom-to-be to the family of the bride-to-be. The payment makes legal the marriage. Spouses The parties to the marriage should be male and female. The female should be single, divorced or widowed but the male may already have one or more wives. Both parties must have reached puberty. The man must have the ability to provide for his family. In Zambia, the Constitution stipulates that a girl below 16 years whether she has reached puberty or not is not eligible for marriage. Relationship The persons intending to get married should not be related by blood or through marriage, although in some ethnic groups cousins can marry. (professor doesn't of course agree that cousins can marry.)