IND2601
Assignment 1 Semester 2 2026
Unique number: 314707
Due date: 17 August 2026
QUESTION 1
Implications of section 211(3) of the Constitution for the recognition of
customary law
Section 211(3) of the Constitution of the Republic of South Africa, 1996 states that
courts must apply customary law when it is applicable, subject to the Constitution
and legislation that specifically deals with customary law. 1 The word “must” makes
the application of customary law compulsory where the facts and the applicable
choice-of-law rules show that customary law governs the dispute.1 Customary law is
therefore no longer treated as an inferior system that courts may apply only when
they choose to do so. It is recognised as an independent source of South African law
and has the same legal standing as the common law. In Alexkor Ltd v Richtersveld
Community, the Constitutional Court confirmed that customary law must be viewed
Assignment 1 Semester 2 2026
Unique number: 314707
Due date: 17 August 2026
QUESTION 1
Implications of section 211(3) of the Constitution for the recognition of
customary law
Section 211(3) of the Constitution of the Republic of South Africa, 1996 states that
courts must apply customary law when it is applicable, subject to the Constitution
and legislation that specifically deals with customary law. 1 The word “must” makes
the application of customary law compulsory where the facts and the applicable
choice-of-law rules show that customary law governs the dispute.1 Customary law is
therefore no longer treated as an inferior system that courts may apply only when
they choose to do so. It is recognised as an independent source of South African law
and has the same legal standing as the common law. In Alexkor Ltd v Richtersveld
Community, the Constitutional Court confirmed that customary law must be viewed
