IND2601 EXAM STUDY NOTES
Comprehensive Summary for Exam
Preparation
1. INTRODUCTION TO AFRICAN CUSTOMARY LAW
Definition of Customary Law
Customary law refers to the customs and usages traditionally
observed among the indigenous African people of South Africa, which
form part of the culture of those people.
Classification of Law
PUBLIC LAW
● Criminal law
● Constitutional and administrative law
● Adjudicatory organs and procedure
PRIVATE LAW
● Family law
● Law of persons
● Law of things
, ● Law of obligations
● Law of succession
● Law of personality
Key Terminology
● Public Law: Legal relations between a government and its
subjects, and relations between different sectors of government
● Private Law: Legal relationships between individuals and groups
as private persons
● Substantive Law: Prescribes norms/requirements and attaches
sanctions
● Adjective Law: Prescribes how norms are enforced and
sanctions applied
2. CHARACTERISTICS OF AFRICAN CUSTOMARY
LAW
Core Characteristics
1. Unwritten Nature
● Originally recorded only in written legal sources
● Court procedures conducted orally
● Law transmitted orally from generation to generation
● Community had broad general knowledge of the law
● Important legal principles expressed in legal maxims/proverbs
2. Customary Nature
Comprehensive Summary for Exam
Preparation
1. INTRODUCTION TO AFRICAN CUSTOMARY LAW
Definition of Customary Law
Customary law refers to the customs and usages traditionally
observed among the indigenous African people of South Africa, which
form part of the culture of those people.
Classification of Law
PUBLIC LAW
● Criminal law
● Constitutional and administrative law
● Adjudicatory organs and procedure
PRIVATE LAW
● Family law
● Law of persons
● Law of things
, ● Law of obligations
● Law of succession
● Law of personality
Key Terminology
● Public Law: Legal relations between a government and its
subjects, and relations between different sectors of government
● Private Law: Legal relationships between individuals and groups
as private persons
● Substantive Law: Prescribes norms/requirements and attaches
sanctions
● Adjective Law: Prescribes how norms are enforced and
sanctions applied
2. CHARACTERISTICS OF AFRICAN CUSTOMARY
LAW
Core Characteristics
1. Unwritten Nature
● Originally recorded only in written legal sources
● Court procedures conducted orally
● Law transmitted orally from generation to generation
● Community had broad general knowledge of the law
● Important legal principles expressed in legal maxims/proverbs
2. Customary Nature
