IND2601
ASSIGNMENT 1 (SEMESTER 2)
DUE DATE: 29 August 2023
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no later than
29 August 2023. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 01
Discuss the general characteristics of customary law relating to,
i) The Unwritten Nature of African Customary Law:
ANSWER:
African customary law is primarily unwritten, meaning it is not codified in formal legal statutes or
documents. Instead, it is passed down through generations orally, often in the form of stories, rituals,
and traditions. This unwritten nature highlights the importance of oral tradition and communal
memory in the preservation and transmission of legal norms and practices. The flexibility of this
unwritten system allows for adaptation to changing social contexts and local circumstances.
ii) Customary Law as an Expression of Community Values:
ANSWER:
African customary law is deeply rooted in the values, norms, and practices of the communities it serves.
It reflects the collective wisdom and experiences of the community members over time. Customary law
is not just a set of rules; it embodies the moral and ethical principles of the society. It's closely tied to
notions of justice, equity, and social harmony. Decisions and judgments are often based on what is
perceived to be fair and acceptable within the cultural context of the community.
iii) The Role of Magico-Religious Conceptions of Customary Law:
ANSWER:
ASSIGNMENT 1 (SEMESTER 2)
DUE DATE: 29 August 2023
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no later than
29 August 2023. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 01
Discuss the general characteristics of customary law relating to,
i) The Unwritten Nature of African Customary Law:
ANSWER:
African customary law is primarily unwritten, meaning it is not codified in formal legal statutes or
documents. Instead, it is passed down through generations orally, often in the form of stories, rituals,
and traditions. This unwritten nature highlights the importance of oral tradition and communal
memory in the preservation and transmission of legal norms and practices. The flexibility of this
unwritten system allows for adaptation to changing social contexts and local circumstances.
ii) Customary Law as an Expression of Community Values:
ANSWER:
African customary law is deeply rooted in the values, norms, and practices of the communities it serves.
It reflects the collective wisdom and experiences of the community members over time. Customary law
is not just a set of rules; it embodies the moral and ethical principles of the society. It's closely tied to
notions of justice, equity, and social harmony. Decisions and judgments are often based on what is
perceived to be fair and acceptable within the cultural context of the community.
iii) The Role of Magico-Religious Conceptions of Customary Law:
ANSWER:
