LCP4804 EXAM PACK 2025
{QUESTIONS AND
ANSWERS }
FOR FURTHER ASSISTANCE PLEASE
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,QUESTION 1
African Law (so called “indigenous” law) has a rich history which ruled supreme since time
immemorial, especially during the pre-colonial era. In recognition of the above statement,
discuss how Africans used to legally and socio-economically organise themselves.
QUESTION 2
Common Law (European customary Law) has distorted African Law (indigenous law). Discuss
five factors which primarily made unofficial and official versions of African Law to be different
from what had been African law’s normative and regulatory system from which customary law
had purportedly evolved.
QUESTION 3
With reference to case law and journal articles, discuss the concepts of succession and
inheritance in African law?
QUESTION 4
The notion of customary law has occupied the South African courts since the advent of the
democratic dispensation. In view of the aforesaid, refer to case law in discussing the nature and
concept of African Law (Customary Law)?
QUESTION 5
Mzo and Tshilidzi have been married for 10 years and had a loving and caring marriage until the
untimely passing of Mzo in January 2024 due to a tragic accident. Tshilidzi is only 35 years of
age and the couple only had one child. The families are planning to meet in December 2024 to
charter a way forward for Tshilidzi and you are part of the delegation of Mzo’s family, and they
ask you for advice on far death of one spouse can terminate a marriage in terms of African
Customary law.
, QUESTION 1 — How Africans used to legally and
socio-economically organise themselves (Pre-colonial
overview)
1.1 Introduction
Pre-colonial African societies were far from being without law or order. Instead, they were
governed by elaborate and deeply entrenched systems of African Indigenous Law, also known
as customary law. These systems were largely unwritten but lived through practice, oral
transmission, and ritual. Law was closely tied to social structures, kinship relations, religious
beliefs, and economic practices. Unlike the rigid separation of law and morality in European
traditions, African indigenous law was holistic, blending social norms, religion, and governance
into a unified framework.
1.2 Kinship and lineage as the foundation of law
Kinship-based organisation: The family, lineage, and clan formed the core of
pre-colonial African law. Kinship defined not only identity but also rights and
obligations. It determined who could inherit property, who could enter into marriage
contracts, and who bore responsibility for disputes.
Extended families as legal entities: In many societies, the lineage rather than the
individual was recognized as the legal unit. For instance, land was controlled by the
lineage head but enjoyed by all members of the extended family. This system created
collective responsibility and solidarity, ensuring that vulnerable members such as
widows and orphans were not left destitute.
1.3 Political and legal institutions
Chiefs and councils: Traditional authority was vested in chiefs, kings, and councils of
elders. Chiefs served as custodians of custom, protectors of land, and mediators in
disputes. However, their power was not absolute; decisions were often taken collectively
with elders and community assemblies.
Acephalous systems: Not all societies had centralized kingship. For example, Igbo
communities in Nigeria relied on village assemblies, age-grades, and secret societies to
regulate affairs. This shows the diverse nature of African legal systems, ranging from
centralized monarchies to decentralized communal governance.
{QUESTIONS AND
ANSWERS }
FOR FURTHER ASSISTANCE PLEASE
CONTACT
,QUESTION 1
African Law (so called “indigenous” law) has a rich history which ruled supreme since time
immemorial, especially during the pre-colonial era. In recognition of the above statement,
discuss how Africans used to legally and socio-economically organise themselves.
QUESTION 2
Common Law (European customary Law) has distorted African Law (indigenous law). Discuss
five factors which primarily made unofficial and official versions of African Law to be different
from what had been African law’s normative and regulatory system from which customary law
had purportedly evolved.
QUESTION 3
With reference to case law and journal articles, discuss the concepts of succession and
inheritance in African law?
QUESTION 4
The notion of customary law has occupied the South African courts since the advent of the
democratic dispensation. In view of the aforesaid, refer to case law in discussing the nature and
concept of African Law (Customary Law)?
QUESTION 5
Mzo and Tshilidzi have been married for 10 years and had a loving and caring marriage until the
untimely passing of Mzo in January 2024 due to a tragic accident. Tshilidzi is only 35 years of
age and the couple only had one child. The families are planning to meet in December 2024 to
charter a way forward for Tshilidzi and you are part of the delegation of Mzo’s family, and they
ask you for advice on far death of one spouse can terminate a marriage in terms of African
Customary law.
, QUESTION 1 — How Africans used to legally and
socio-economically organise themselves (Pre-colonial
overview)
1.1 Introduction
Pre-colonial African societies were far from being without law or order. Instead, they were
governed by elaborate and deeply entrenched systems of African Indigenous Law, also known
as customary law. These systems were largely unwritten but lived through practice, oral
transmission, and ritual. Law was closely tied to social structures, kinship relations, religious
beliefs, and economic practices. Unlike the rigid separation of law and morality in European
traditions, African indigenous law was holistic, blending social norms, religion, and governance
into a unified framework.
1.2 Kinship and lineage as the foundation of law
Kinship-based organisation: The family, lineage, and clan formed the core of
pre-colonial African law. Kinship defined not only identity but also rights and
obligations. It determined who could inherit property, who could enter into marriage
contracts, and who bore responsibility for disputes.
Extended families as legal entities: In many societies, the lineage rather than the
individual was recognized as the legal unit. For instance, land was controlled by the
lineage head but enjoyed by all members of the extended family. This system created
collective responsibility and solidarity, ensuring that vulnerable members such as
widows and orphans were not left destitute.
1.3 Political and legal institutions
Chiefs and councils: Traditional authority was vested in chiefs, kings, and councils of
elders. Chiefs served as custodians of custom, protectors of land, and mediators in
disputes. However, their power was not absolute; decisions were often taken collectively
with elders and community assemblies.
Acephalous systems: Not all societies had centralized kingship. For example, Igbo
communities in Nigeria relied on village assemblies, age-grades, and secret societies to
regulate affairs. This shows the diverse nature of African legal systems, ranging from
centralized monarchies to decentralized communal governance.
