Summary University of South Africa LAW Ind2601 study notes Year 2022

University of South Africa LAW ind2601 Ind2601 study notes Year 2022 AFRICAN CUSTOMARY LAW “Customary Law” / “Indigenous Law” = Customs + usages traditionally observed among the indigenous African peoples of SA + which form part of the culture of those peoples Emphasis on duties rather than rights The maintenance of order is supported by means of approving and disapproving legal sanctions Sanction means: Approval or confirmation of an act; and/or Punishment for noncompliance with, i.e. statutes or behavioral prescriptions Divisions of customary law: Indigenous national law (tribal law) Some kingdoms consist of several tribes + remnants (bits + pieces) of tribes, ruled by a king / paramount chief – i.e. Zulu Indigenous International law (Law of different tribes) Tribes entered into agmts to help one another against communal enemies Customary public Law Governs relations btw:  Traditional authorities and subjects; and  Traditional authorities within the tribe a. Indigenous constitutional + administrative law Composition, powers + functions of the public organs of authority b. Indigenous adjudicatory organs + law of procedure Composition + jurisdiction of the various indigenous / customary courts Procedures Evidence that may be lead in court to reach a decision c. Indigenous criminal law Public action to punish a subject who transgresses a rule that is punishable by law Customary Private law Legal relations between individuals and groups in capacity as private persons  Law of property / persons / family / things / succession  Law of personality (i.e. honour; good name; privacy)  Law of immaterial property (i.e. copyright + patents) is unknown  Law of obligations: o Contractual: arise btw a patient + a medicine specialist / traditional healer o Quasi-contractual: arise btw a guardian + a person supplying his ward with the necessities of life w/o his consent o Delictual: arise btw an owner + another person who has willfully damaged his property Customary law comprises not only of norms, but also fixed rules of procedure, and as such, may also be subdivided into: Substantive Law Prescribes norms / requirements + attaches sanctions to these Adjective Law (aka law of procedure + evidence)