LCP4804 Assignment 2
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
September 2025
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PLEASE EMAIL
, Question
African Law (Customary Law) is unique in many respects, and it is necessary to
understand it fully. Discuss the nature and concept of African Law (Customary Law). (50)
Answer
1. Introduction
African Law, more commonly referred to as Customary Law, represents one of the oldest and
most enduring legal systems in South Africa. It predates colonialism and the imposition of
Roman-Dutch and English common law, yet it continues to regulate the lives of millions of
South Africans in both rural and urban communities. Its uniqueness stems from its source of
authority (custom, tradition, and communal values), its flexibility, and its deep integration
into the social, spiritual, and cultural fabric of African communities. To understand its nature
and concept, one must appreciate its historical foundations, its recognition in the South African
legal system, its dynamic and living character, and its interaction with constitutional rights and
statutory reforms.
2. Defining Customary Law
Customary law can be defined as the body of rules, norms, and practices developed by
indigenous African communities through long-standing usage and accepted as binding by those
communities. The South African Law Reform Commission (SALRC) defines it as “the
customs and usages traditionally observed among the indigenous African peoples of South
Africa and which form part of the culture of those peoples.”
Importantly, customary law is:
Unwritten in origin (although later codified in statutes and case law).
Community-based, regulating family, marriage, succession, initiation, land allocation,
and dispute resolution.
Dynamic, adapting to social and economic changes over time.
3. Historical Context and Recognition
During colonial and apartheid eras, customary law was often marginalised, distorted, or
codified in ways that stripped it of its flexibility. For example:
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
September 2025
FOR FURTHER ASSISTANCE
PLEASE EMAIL
, Question
African Law (Customary Law) is unique in many respects, and it is necessary to
understand it fully. Discuss the nature and concept of African Law (Customary Law). (50)
Answer
1. Introduction
African Law, more commonly referred to as Customary Law, represents one of the oldest and
most enduring legal systems in South Africa. It predates colonialism and the imposition of
Roman-Dutch and English common law, yet it continues to regulate the lives of millions of
South Africans in both rural and urban communities. Its uniqueness stems from its source of
authority (custom, tradition, and communal values), its flexibility, and its deep integration
into the social, spiritual, and cultural fabric of African communities. To understand its nature
and concept, one must appreciate its historical foundations, its recognition in the South African
legal system, its dynamic and living character, and its interaction with constitutional rights and
statutory reforms.
2. Defining Customary Law
Customary law can be defined as the body of rules, norms, and practices developed by
indigenous African communities through long-standing usage and accepted as binding by those
communities. The South African Law Reform Commission (SALRC) defines it as “the
customs and usages traditionally observed among the indigenous African peoples of South
Africa and which form part of the culture of those peoples.”
Importantly, customary law is:
Unwritten in origin (although later codified in statutes and case law).
Community-based, regulating family, marriage, succession, initiation, land allocation,
and dispute resolution.
Dynamic, adapting to social and economic changes over time.
3. Historical Context and Recognition
During colonial and apartheid eras, customary law was often marginalised, distorted, or
codified in ways that stripped it of its flexibility. For example:
