LCP4804
ASSIGNMENT 2 SEMESTER 2 2025
UNIQUE NO. 504322
DUE DATE: 2025
, Question 1: The Nature and Concept of African Law (Customary Law).
The Nature and Concept of African Law (Customary Law)
Introduction
African Law, often referred to as Customary Law, forms one of the oldest and most
deeply rooted systems of law on the African continent. It developed organically within
African communities over centuries and reflects the customs, practices, traditions, and
values of indigenous societies. Unlike Western legal systems that are largely codified,
African Customary Law is predominantly unwritten, transmitted orally, and deeply
interwoven with social, cultural, and spiritual life. This system of law is recognised in
South Africa’s plural legal order under the Constitution of the Republic of South
Africa, 1996, which provides for the application of customary law alongside common
law and statutory law (s 211(3)). Understanding its nature and concept is crucial
because it represents a unique worldview and a legal tradition that differs in significant
ways from Western notions of law.
1. The Concept of African Law (Customary Law)
African Law (Customary Law) can be defined as:
“The body of rules, norms, and practices that have developed from the traditions and
customs of indigenous African communities and which are accepted as binding by those
communities.”
Key conceptual elements include:
Oral tradition: Customary law is preserved and transmitted orally, through
storytelling, elders, and traditional leaders rather than codified statutes (Bennett,
2011).
ASSIGNMENT 2 SEMESTER 2 2025
UNIQUE NO. 504322
DUE DATE: 2025
, Question 1: The Nature and Concept of African Law (Customary Law).
The Nature and Concept of African Law (Customary Law)
Introduction
African Law, often referred to as Customary Law, forms one of the oldest and most
deeply rooted systems of law on the African continent. It developed organically within
African communities over centuries and reflects the customs, practices, traditions, and
values of indigenous societies. Unlike Western legal systems that are largely codified,
African Customary Law is predominantly unwritten, transmitted orally, and deeply
interwoven with social, cultural, and spiritual life. This system of law is recognised in
South Africa’s plural legal order under the Constitution of the Republic of South
Africa, 1996, which provides for the application of customary law alongside common
law and statutory law (s 211(3)). Understanding its nature and concept is crucial
because it represents a unique worldview and a legal tradition that differs in significant
ways from Western notions of law.
1. The Concept of African Law (Customary Law)
African Law (Customary Law) can be defined as:
“The body of rules, norms, and practices that have developed from the traditions and
customs of indigenous African communities and which are accepted as binding by those
communities.”
Key conceptual elements include:
Oral tradition: Customary law is preserved and transmitted orally, through
storytelling, elders, and traditional leaders rather than codified statutes (Bennett,
2011).
