, LCP4804 Assignment 2 (COMPLETE ANSWERS) Semester
2 2025 - DUE 3 September 2025 ; 100% correct solutions
and explanations.
QUESTION 1 {2 ANSWERS PROVIDED}
African Law (Customary Law) is unique in many respects, and
it is necessary to understand it fully. Discuss the nature and
concept of African Law (Customary Law).
Introduction
African Law, also referred to as Customary Law, is one of the
oldest systems of law in South Africa and across the African
continent. Unlike Western legal systems that are codified and
largely based on written statutes, customary law is rooted in the
traditions, practices, and norms of African communities. It derives
its authority from the collective values, customs, and beliefs of the
people who practice it. The South African Constitution recognises
customary law as a legitimate source of law, provided it is
consistent with the Constitution and the Bill of Rights (see Section
211 and 39(2) of the Constitution of the Republic of South Africa,
1996). To understand the unique nature of customary law, one must
examine its characteristics, sources, and its social context within
African communities.
Nature of African Law (Customary Law)
1. Unwritten and Flexible in Nature
o Customary law is largely unwritten and transmitted orally
from one generation to the next.
2 2025 - DUE 3 September 2025 ; 100% correct solutions
and explanations.
QUESTION 1 {2 ANSWERS PROVIDED}
African Law (Customary Law) is unique in many respects, and
it is necessary to understand it fully. Discuss the nature and
concept of African Law (Customary Law).
Introduction
African Law, also referred to as Customary Law, is one of the
oldest systems of law in South Africa and across the African
continent. Unlike Western legal systems that are codified and
largely based on written statutes, customary law is rooted in the
traditions, practices, and norms of African communities. It derives
its authority from the collective values, customs, and beliefs of the
people who practice it. The South African Constitution recognises
customary law as a legitimate source of law, provided it is
consistent with the Constitution and the Bill of Rights (see Section
211 and 39(2) of the Constitution of the Republic of South Africa,
1996). To understand the unique nature of customary law, one must
examine its characteristics, sources, and its social context within
African communities.
Nature of African Law (Customary Law)
1. Unwritten and Flexible in Nature
o Customary law is largely unwritten and transmitted orally
from one generation to the next.
