LCP4804
Assignment 2
Semester 2 2025
Due September 2025
, LCP4804
Assignment 2
Semester 2 2025
Due September 2025
Advanced Indigenous Law
Nature and Concept of African Law (Customary Law)
African Customary Law, particularly in the South African context, refers to uncodified
legal systems historically developed and practiced by indigenous communities, with
roots in pre-colonial traditions.
It is communal in nature, prioritizing collective rights, family obligations, and social
harmony over individual entitlements. Its scope includes marriage, inheritance, land
tenure, succession, and dispute resolution.
Unlike Western common law, which is largely codified, written, and individualistic,
customary law is predominantly oral, flexible, and adaptive. It derives authority from
long-standing customs, practices, and usages regarded as binding within the
community.
In South Africa, colonial distortions shaped its development, often subordinating it to
Western frameworks and codifying it in rigid “official” forms. This contrasts with its
“living” form, which reflects evolving community practices.
Customary law embodies a holistic worldview, integrating spiritual, social, and economic
dimensions. The principle of ubuntu—human interconnectedness and mutual respect—
remains central in Southern African systems.
Historically, it was marginalized under colonialism and subjected to the “repugnancy
clause,” which invalidated rules deemed contrary to European moral standards. Post-
Assignment 2
Semester 2 2025
Due September 2025
, LCP4804
Assignment 2
Semester 2 2025
Due September 2025
Advanced Indigenous Law
Nature and Concept of African Law (Customary Law)
African Customary Law, particularly in the South African context, refers to uncodified
legal systems historically developed and practiced by indigenous communities, with
roots in pre-colonial traditions.
It is communal in nature, prioritizing collective rights, family obligations, and social
harmony over individual entitlements. Its scope includes marriage, inheritance, land
tenure, succession, and dispute resolution.
Unlike Western common law, which is largely codified, written, and individualistic,
customary law is predominantly oral, flexible, and adaptive. It derives authority from
long-standing customs, practices, and usages regarded as binding within the
community.
In South Africa, colonial distortions shaped its development, often subordinating it to
Western frameworks and codifying it in rigid “official” forms. This contrasts with its
“living” form, which reflects evolving community practices.
Customary law embodies a holistic worldview, integrating spiritual, social, and economic
dimensions. The principle of ubuntu—human interconnectedness and mutual respect—
remains central in Southern African systems.
Historically, it was marginalized under colonialism and subjected to the “repugnancy
clause,” which invalidated rules deemed contrary to European moral standards. Post-
