AFRICAN CUSTOMARY LAW
“Customary Law” / “Indigenous Law” =
Customs + usages traditionally observed among the indigenous African peoples of SA + w
... [Show More] hich 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:
Approval or confirmation of an act; and/or
Punishment for noncompliance with, i.e. statutes or behavioral prescriptions
Divisions of customary law:
Indigenous national law (tribal law)
Some kingdoms consist of several tribes + remnants (bits + pieces) of tribes, ruled by a king / paramount chief –
i.e. Zulu
Indigenous International law (Law of different tribes)
Tribes entered into agmts to help one another against communal enemies
Customary public Law
Governs relations btw:
Traditional authorities and subjects; and
Traditional authorities within the tribe
a. Indigenous constitutional + administrative law
Composition, powers + functions of the public organs of authority
b. Indigenous adjudicatory organs + law of procedure
Composition + jurisdiction of the various indigenous / customary courts
Procedures
Evidence that may be lead in court to reach a decision
c. Indigenous criminal law
Public action to punish a subject who transgresses a rule that is punishable by law
Customary Private law
Legal relations between individuals and groups in capacity as private persons
Law of property / persons / family / things / succession
Law of personality (i.e. honour; good name; privacy)
Law of immaterial property (i.e. copyright + patents) is unknown
Law of obligations:
o Contractual: arise btw a patient + a medicine specialist / traditional healer
o Quasi-contractual: arise btw a guardian + a person supplying his ward with the necessities of life w/o
his consent
o Delictual: arise btw an owner + another person who has willfully damaged his property
Customary law comprises not only of norms, but also fixed rules of procedure, and as such, may also be
subdivided into:
Substantive Law
Prescribes norms / requirements + attaches sanctions to these
Adjective Law (aka law of procedure + evidence)
Prescribes the manner in which norms are to be enforced + sanctions applied [Show Less]