SECOND SEMESTER 2023
African Customary Law
IND2601
, Solutions
QUESTION 1
Discuss the general characteristics of customary law relating to,
i) The unwritten nature of African customary law (6)
To discuss the general characteristics of customary law relating to the
unwritten nature of African customary law, we need to understand what
customary law is and how it is practiced in African societies.
Customary law refers to the traditional practices, customs, and norms that
have developed within a particular community over time. It is based on the
collective wisdom and experiences of the community and is passed down
orally from generation to generation. African customary law is specific to the
diverse cultures and societies found on the African continent.
The unwritten nature of African customary law means that it is not codified or
written down in a formal legal document like statutes or legislation. Instead, it
is transmitted through oral traditions, storytelling, and the day-to-day practices
of the community. This oral tradition is an integral part of African culture and
plays a significant role in preserving and transmitting customary law.
Here are some general characteristics of African customary law relating to its
unwritten nature: