IND2601
Assignment 1
Semester 2 _ 2023
Question 1
Discuss the general characteristics of customary law relating to,
(i) The unwritten nature of African customary law (6)
Generally, customary law was never written in different sources of law such as
statutes, law reports or textbooks. Court’s procedures were conducted orally, and the
law was presented orally from one generation to the next generation. This
transmission was expanded by the public participation of adult men in the
administration of justice. Consequently, the community had an immense general
knowledge of the law. To a large extent, important legal principles were expressed by
means of legal maxims.
Assignment 1
Semester 2 _ 2023
Question 1
Discuss the general characteristics of customary law relating to,
(i) The unwritten nature of African customary law (6)
Generally, customary law was never written in different sources of law such as
statutes, law reports or textbooks. Court’s procedures were conducted orally, and the
law was presented orally from one generation to the next generation. This
transmission was expanded by the public participation of adult men in the
administration of justice. Consequently, the community had an immense general
knowledge of the law. To a large extent, important legal principles were expressed by
means of legal maxims.
