African Customary Law in South Africa

Professor IP Maithufi, Dr Sindiso Mnisi Weeks, Mr Lesala Mofokeng, Dr Dial Ndima, Edited by Professor Chuma Himonga, and Professor Thandabantu Nhlapo

The text addresses living customary law precepts and values, offering an insightful, authentic and sensitive approach to the alignment of parallel systems of South African law. This facilitates an understanding of the true purpose, values and efficacy of customary law, and honours the important role which this system of law serves within South African society.
The material is presented in a clear and applied manner, in order that it should be accessible, engaging and challenging to readers.
The text's pedagogical framework introduces a dynamic element which stimulates independent critical and reflective engagement with the material, allowing students to engage with moot and contentious issues, whilst maintaining a clear understanding of the theoretical framework.

African Customary Law in South Africa

Professor IP Maithufi, Dr Sindiso Mnisi Weeks, Mr Lesala Mofokeng, Dr Dial Ndima, Edited by Professor Chuma Himonga, and Professor Thandabantu Nhlapo

Description

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 and values of living customary law. The text suggests an approach which supports harmonisation of customary law precepts and values with the common law and Western constitutional jurisprudence, and offers an authentic, culturally sensitive framework within which contentious issues might be resolved.

The text is pedagogically designed to assist learning and the development of academic skills, encouraging readers to develop an approach of independent enquiry and analysis.

This text is suited as core course material for students who are studying African Customary Law, Indigenous Law, or Legal Diversity as a module of the LLB degree. It also serves as a useful first reference for scholars who are interested in this field of law, legal practitioners, magistrates and judges.

The following teaching resources complement the text, and are available to lecturers, to support teaching and learning:

PowerPoint slide presentation

Application questions

African Customary Law in South Africa

Professor IP Maithufi, Dr Sindiso Mnisi Weeks, Mr Lesala Mofokeng, Dr Dial Ndima, Edited by Professor Chuma Himonga, and Professor Thandabantu Nhlapo

PART 1 Theoretical and structural overview of African customary law
1:Historical overview of customary law
2:The nature and concept of customary law
3:Legal pluralism
4:Ascertainment and proof of customary law
5:Internal conflict of laws
PART 2 Personal law and personal rights in African customary law
6:Marriage
7:Consequences of marriage
8:Dissolution of marriage
9:The customary law of succession
10:Contractual obligations in customary law
11:Customary law of delict
12:Criminal law
PART 3 Political and civic aspects of African customary law
13:Traditional leadership institutions
14:Traditional courts