IND2601 Assignment 1
(COMPLETE ANSWERS)
Semester 1 2025 - DUE
March 2025
, IND2601 Assignment 1 (COMPLETE
ANSWERS) Semester 1 2025 - DUE March
2025
Which factors are taken into account by an African
customary court when giving judgment in a case? 1.
Customary public law governs the relations between
traditional authorities and subjects, and the relations
between these authorities and subjects within the tribe.
Discuss the subdivision of customary public law. (10) In
African customary law, which is based on the traditions and customs of various ethnic groups,
the courts consider several key factors when giving judgment in cases. These courts generally
aim to maintain harmony within the community and enforce customary norms that have been
passed down over generations. Below are the main factors that influence judgments:
Factors Considered by African Customary Courts:
1. Customary Norms and Traditions: Customary courts primarily rely on the unwritten
customs and traditions of the community in resolving disputes. These traditions often
vary from tribe to tribe and might involve customary practices related to marriage,
inheritance, land use, and the resolution of conflicts.
2. Community Consensus: Decisions in African customary courts may involve consulting
the collective wisdom of elders or a council of elders within the community. The court
seeks to align with the general values and interests of the community.
3. Precedent (Past Cases): Customary courts often consider how similar cases have been
decided in the past. The idea is to maintain consistency and preserve the customs through
time.
4. Moral Values: The court looks at the moral principles embedded in the community's
customs. This can include concepts like fairness, justice, and respect for the rights of
individuals and families.
5. Roles and Status of the Parties Involved: The judgment may also take into account the
societal roles, status, and position of the people involved in the dispute. This is
particularly significant in hierarchical societies where status (e.g., the role of elders,
chiefs, or women) can affect the decision-making process.
6. The Interests of the Family and the Community: Customary courts often prioritize
maintaining family and community cohesion over individual rights. Decisions are made
with the idea of restoring peace and avoiding long-term division within the tribe or
community.
7. Affirmation of Authority: The court may also consider the authority of traditional rulers
and elders within the community. Their role is central to the enforcement of the law, and
their decision may be seen as a reinforcement of their leadership.
(COMPLETE ANSWERS)
Semester 1 2025 - DUE
March 2025
, IND2601 Assignment 1 (COMPLETE
ANSWERS) Semester 1 2025 - DUE March
2025
Which factors are taken into account by an African
customary court when giving judgment in a case? 1.
Customary public law governs the relations between
traditional authorities and subjects, and the relations
between these authorities and subjects within the tribe.
Discuss the subdivision of customary public law. (10) In
African customary law, which is based on the traditions and customs of various ethnic groups,
the courts consider several key factors when giving judgment in cases. These courts generally
aim to maintain harmony within the community and enforce customary norms that have been
passed down over generations. Below are the main factors that influence judgments:
Factors Considered by African Customary Courts:
1. Customary Norms and Traditions: Customary courts primarily rely on the unwritten
customs and traditions of the community in resolving disputes. These traditions often
vary from tribe to tribe and might involve customary practices related to marriage,
inheritance, land use, and the resolution of conflicts.
2. Community Consensus: Decisions in African customary courts may involve consulting
the collective wisdom of elders or a council of elders within the community. The court
seeks to align with the general values and interests of the community.
3. Precedent (Past Cases): Customary courts often consider how similar cases have been
decided in the past. The idea is to maintain consistency and preserve the customs through
time.
4. Moral Values: The court looks at the moral principles embedded in the community's
customs. This can include concepts like fairness, justice, and respect for the rights of
individuals and families.
5. Roles and Status of the Parties Involved: The judgment may also take into account the
societal roles, status, and position of the people involved in the dispute. This is
particularly significant in hierarchical societies where status (e.g., the role of elders,
chiefs, or women) can affect the decision-making process.
6. The Interests of the Family and the Community: Customary courts often prioritize
maintaining family and community cohesion over individual rights. Decisions are made
with the idea of restoring peace and avoiding long-term division within the tribe or
community.
7. Affirmation of Authority: The court may also consider the authority of traditional rulers
and elders within the community. Their role is central to the enforcement of the law, and
their decision may be seen as a reinforcement of their leadership.
