LCP4804 ASSIGNMENT 02 SOLUTIONS 2022
Critically discuss the differences between living customary law and official customary
law.
Customary law consists of two forms of customary law which are; the living customary law
and official customary law. The courts have recognised the co-existence of the concepts of
living customary law and official customary, but it must be noted that living customary law
has been the more preferable system of customary law by these courts. The High Court also
differentiated between living and official customary law in Mabena v Letsoalo.1 The court
held that there were two forms of customary law: living customary law and official
customary law. The court noted that it had to recognise the principle of living, actually
observed law as this would constitute a development in accordance with the spirit, purport
and objects of the Bill of Rights.2
1 Mabena v Letsoalo 1998 (2) SA 1068 (T).
2 Nhlapo T et al African Customary Law In South Africa: Post-Apartheid and Living Law
Perspectives (2014 Oxford University Press Southern Africa).
Critically discuss the differences between living customary law and official customary
law.
Customary law consists of two forms of customary law which are; the living customary law
and official customary law. The courts have recognised the co-existence of the concepts of
living customary law and official customary, but it must be noted that living customary law
has been the more preferable system of customary law by these courts. The High Court also
differentiated between living and official customary law in Mabena v Letsoalo.1 The court
held that there were two forms of customary law: living customary law and official
customary law. The court noted that it had to recognise the principle of living, actually
observed law as this would constitute a development in accordance with the spirit, purport
and objects of the Bill of Rights.2
1 Mabena v Letsoalo 1998 (2) SA 1068 (T).
2 Nhlapo T et al African Customary Law In South Africa: Post-Apartheid and Living Law
Perspectives (2014 Oxford University Press Southern Africa).
