LCP4804
Assignment 2 Semester 2 2025
Unique Number:
Due Date: 3 September 2025
QUESTION 1 (2 ANSWERS PROVIDED)
1. Introduction
African Customary Law is a living, community-anchored system of norms that co-exists with
the common law and statute in South Africa’s plural legal order. It governs matters such as
family relations, succession, land tenure, and leadership, and it does so through practices
that communities accept as binding rules. The post-1994 Constitution recognises customary
law as an independent source of law, subject to the Bill of Rights, which requires courts and
officials to treat it with equal respect alongside other sources of law. Scholars emphasise
that understanding customary law demands attention to the social contexts in which people
actually live, and to the historical forces, colonialism and apartheid. that reshaped how it has
been recognised and applied by the state.1
2. Concepts and forms: living, official and state-transformed customary law
A central insight of contemporary scholarship and case law is that ―customary law‖ is not
Terms of use
monolithic. By making use of this
There are (at least) two core forms. First, living customary law consists of document you agree
theto:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 2 Semester 2 2025
Unique Number:
Due Date: 3 September 2025
QUESTION 1 (2 ANSWERS PROVIDED)
1. Introduction
African Customary Law is a living, community-anchored system of norms that co-exists with
the common law and statute in South Africa’s plural legal order. It governs matters such as
family relations, succession, land tenure, and leadership, and it does so through practices
that communities accept as binding rules. The post-1994 Constitution recognises customary
law as an independent source of law, subject to the Bill of Rights, which requires courts and
officials to treat it with equal respect alongside other sources of law. Scholars emphasise
that understanding customary law demands attention to the social contexts in which people
actually live, and to the historical forces, colonialism and apartheid. that reshaped how it has
been recognised and applied by the state.1
2. Concepts and forms: living, official and state-transformed customary law
A central insight of contemporary scholarship and case law is that ―customary law‖ is not
Terms of use
monolithic. By making use of this
There are (at least) two core forms. First, living customary law consists of document you agree
theto:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
