|Series||Occasional Paper, African Studies Center, University of California, Los Angeles -- 7|
|Contributions||University of California. African Studies Center.|
Customary law is practiced in many contexts -- by secular governments, religious sects and even sports. In Judaism and Islam, established custom can be considered a precedent to resolve a dispute brought before religious jurists who might otherwise find no precedent in the religion's holy texts to decide a case. African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives provides a clear introduction to indigenous law in South Africa. The text provides a structure for understanding the nature and overarching system of customary law, illustrating its distinctness in relation to other areas of law, and exploring the dynamic precepts Authors: Lesala Mofokeng, Sindiso Mnisi Weeks, Ip Maithufi. Introduction. Legal pluralism is a key feature of African legal systems. The form of pluralism that permeates these systems derives from what is known as the principle of "legal centrism," which holds that all law emanates from the state and that rites developed and practiced by nonstate actors, including religious and customary institutions, are law only to the extent they are recognized by. AFRICAN CUSTOMARY LAW ^ustomary Law _ / ^Indigenous Law = Customs + usages traditionally observed among the indigenous African peoples of SA + which form part of the culture of those peoples Emphasis on duties rather than rights The maintenance of order is supported by means of approving and disapproving legal sanctions Sanction means.
PDF | On Sep 2, , Michael K. Musgrave and others published African Customary Law in South Africa. Post-Apartheid and Living Law Perspectives by C. Himonga and T. . The Future of African Customary Law is intended to promote discussion and understanding of customary law and to explore its continued relevance in sub-Saharan Africa. This volume considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form, and status from 5/5(1). African Customary Law, Customs, and Women's Rights MUNA NDULO* ABSTRACT The sources of law in most African countries are customary law, the common law and legislation both colonial and post-independence. In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to customary by: The position of customary law in the South African legal system has been much improved since the enactment of the new Constitution. As a constitutionally protected cultural heritage, customary law now enjoys a status equal to that of Roman-Dutch law. By drawing on a range of materials, both legal and and anthropological, from South Africa and elsewhere in Africa, this book provides a.
South African customary law refers to a usually uncodified legal system developed and practised by the indigenous communities of South Africa. Customary law has been defined as. an established system of immemorial rules evolved from the way of life and natural wants of the people, the general context of which was a matter of common knowledge, coupled with precedents applying to special cases. This book is intended primarily as an introduction to African legal theory within the wider framework of general jurisprudence. Accordingly, it is concerned, not with a comprehensive description of the various customary laws of the African peoples, but with an analysis of the basic concepts underlying African law and the interpretation of these against their social and juridical background. The South African Law Commission has begun to investigate customary laws to recommend changes to bring customary law in line with the Constitution. The South African Law Commission (SALC) is examining different parts of customary law with the aim of doing away with unfair discrimination – for example: in the customary laws on marriage and File Size: KB. The status of women in African customary law 51 The impact of gender inequality on children’s rights 52 A selection of gender-sensitive practices in more detail 54 Transition rituals and ceremonies 54 Child marriages 61 Polygamy