IND2601 Assignment 1 (COMPLETE ANSWERS) Semester
1 2025 - DUE March 2025 100% TRUSTED Complete,
trusted solutions and explanations.
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 courts, various factors are taken into
account when giving judgment in a case. These factors primarily
revolve around the customs, traditions, and practices of the
specific ethnic group or community. The key aspects that are
often considered include:
1. The Nature of the Dispute: The court considers the type
of case being presented, whether it involves property,
family issues, inheritance, land disputes, or traditional
leadership, among others. The specific customs governing
each type of dispute play a significant role.
2. Local Custom and Tradition: Customary courts rely
heavily on local traditions and customs. These are
unwritten laws passed down from generation to generation
and may vary from one ethnic group to another. Judges or
elders in the court usually have deep knowledge of these
customs and ensure that their rulings align with them.
3. Testimonies and Evidence: As in many legal systems, the
presentation of evidence and witness testimonies is central.
, In African customary courts, the testimony of elders, family
members, and respected community figures is often crucial
in the decision-making process. Physical evidence, such as
documents or property, may also be considered if relevant.
4. The Role of Elders: Elders are considered wise and
experienced members of the community, and their opinions
are highly regarded. In many customary courts, decisions
are made collectively by a panel of elders rather than a
single judge. Their judgment is expected to reflect the
consensus of the community.
5. Mediation and Reconciliation: African customary courts
often emphasize the principles of mediation, reconciliation,
and restoration of peace rather than punitive justice. Judges
might seek to repair relationships and ensure that all parties
involved in the dispute are satisfied, in accordance with
community-based approaches.
6. The Context of the Case: Courts also take into account the
broader social, economic, and political context in which the
dispute occurs. They may consider how a decision would
affect the stability of the community and its customs.
Customary law is dynamic and can evolve based on
contemporary challenges.
Subdivision of Customary Public Law
Customary public law governs the relationships between
traditional authorities (such as chiefs, elders, or community
leaders) and their subjects (the members of the tribe or
community). It also guides the relationships between these
1 2025 - DUE March 2025 100% TRUSTED Complete,
trusted solutions and explanations.
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 courts, various factors are taken into
account when giving judgment in a case. These factors primarily
revolve around the customs, traditions, and practices of the
specific ethnic group or community. The key aspects that are
often considered include:
1. The Nature of the Dispute: The court considers the type
of case being presented, whether it involves property,
family issues, inheritance, land disputes, or traditional
leadership, among others. The specific customs governing
each type of dispute play a significant role.
2. Local Custom and Tradition: Customary courts rely
heavily on local traditions and customs. These are
unwritten laws passed down from generation to generation
and may vary from one ethnic group to another. Judges or
elders in the court usually have deep knowledge of these
customs and ensure that their rulings align with them.
3. Testimonies and Evidence: As in many legal systems, the
presentation of evidence and witness testimonies is central.
, In African customary courts, the testimony of elders, family
members, and respected community figures is often crucial
in the decision-making process. Physical evidence, such as
documents or property, may also be considered if relevant.
4. The Role of Elders: Elders are considered wise and
experienced members of the community, and their opinions
are highly regarded. In many customary courts, decisions
are made collectively by a panel of elders rather than a
single judge. Their judgment is expected to reflect the
consensus of the community.
5. Mediation and Reconciliation: African customary courts
often emphasize the principles of mediation, reconciliation,
and restoration of peace rather than punitive justice. Judges
might seek to repair relationships and ensure that all parties
involved in the dispute are satisfied, in accordance with
community-based approaches.
6. The Context of the Case: Courts also take into account the
broader social, economic, and political context in which the
dispute occurs. They may consider how a decision would
affect the stability of the community and its customs.
Customary law is dynamic and can evolve based on
contemporary challenges.
Subdivision of Customary Public Law
Customary public law governs the relationships between
traditional authorities (such as chiefs, elders, or community
leaders) and their subjects (the members of the tribe or
community). It also guides the relationships between these
