,IND2601 Assignment 1 (COMPLETE ANSWERS) Semester 1
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Which factors are taken into account by an African customary
court when giving judgment in a case?
African customary courts consider several factors when giving
judgments in cases. These factors are often rooted in traditional
norms, values, and practices specific to the ethnic or cultural
group in question. The exact factors may vary based on the
specific customs of a particular community, but the following
are common factors generally considered:
1. Customary Law: The most important factor is adherence
to the customary laws or traditional norms that govern the
specific community. These laws are passed down through
generations and are usually unwritten. They often cover
issues like marriage, inheritance, property disputes, and
social conduct. The court must interpret and apply these
laws to the case.
2. Witness Testimonies: Testimonies from witnesses play a
critical role in African customary courts. Community
members, especially elders or those knowledgeable about
the customs, are often called upon to give evidence. The
court considers the credibility and relevance of the
testimony in making a judgment.
3. Elders’ Wisdom and Precedents: African customary
courts often rely on the wisdom of elders, who are seen as
custodians of tradition. These elders not only bring their
life experience to the case but also consider previous
, rulings or precedents in similar cases when making
decisions.
4. Community and Social Relationships: The court takes
into account the social dynamics between the parties
involved, including kinship ties, community reputation, and
historical relationships. The impact of the judgment on the
cohesion and harmony of the community is often a
significant consideration.
5. Equity and Fairness: While the application of customary
law is important, customary courts also emphasize fairness
and justice. They aim to restore relationships, ensure
compensation, or offer reconciliation rather than simply
punish.
6. Gender Roles and Norms: In some cultures, customary
law may reflect traditional gender roles. For example, in
cases involving marriage or inheritance, the court may
apply rules that recognize the role of men and women
within the community. However, the modern influence on
customary courts has led to a growing focus on gender
equality in many areas.
7. Moral and Ethical Standards: Customary courts often
consider the moral values upheld by the community. These
can include considerations of honesty, integrity, respect,
and the general well-being of the individuals involved.
8. Restitution and Compensation: In many cases, customary
courts will consider the possibility of restitution, which
might involve compensating the injured party, whether
financially or through other means, in order to restore
justice.
9. The Impact on Children or Dependents: In family law
cases, such as divorce or inheritance, the welfare of
2025 - DUE March 2025; 100% TRUSTED Complete, trusted
solutions and explanations. Ensure your success with us..
Which factors are taken into account by an African customary
court when giving judgment in a case?
African customary courts consider several factors when giving
judgments in cases. These factors are often rooted in traditional
norms, values, and practices specific to the ethnic or cultural
group in question. The exact factors may vary based on the
specific customs of a particular community, but the following
are common factors generally considered:
1. Customary Law: The most important factor is adherence
to the customary laws or traditional norms that govern the
specific community. These laws are passed down through
generations and are usually unwritten. They often cover
issues like marriage, inheritance, property disputes, and
social conduct. The court must interpret and apply these
laws to the case.
2. Witness Testimonies: Testimonies from witnesses play a
critical role in African customary courts. Community
members, especially elders or those knowledgeable about
the customs, are often called upon to give evidence. The
court considers the credibility and relevance of the
testimony in making a judgment.
3. Elders’ Wisdom and Precedents: African customary
courts often rely on the wisdom of elders, who are seen as
custodians of tradition. These elders not only bring their
life experience to the case but also consider previous
, rulings or precedents in similar cases when making
decisions.
4. Community and Social Relationships: The court takes
into account the social dynamics between the parties
involved, including kinship ties, community reputation, and
historical relationships. The impact of the judgment on the
cohesion and harmony of the community is often a
significant consideration.
5. Equity and Fairness: While the application of customary
law is important, customary courts also emphasize fairness
and justice. They aim to restore relationships, ensure
compensation, or offer reconciliation rather than simply
punish.
6. Gender Roles and Norms: In some cultures, customary
law may reflect traditional gender roles. For example, in
cases involving marriage or inheritance, the court may
apply rules that recognize the role of men and women
within the community. However, the modern influence on
customary courts has led to a growing focus on gender
equality in many areas.
7. Moral and Ethical Standards: Customary courts often
consider the moral values upheld by the community. These
can include considerations of honesty, integrity, respect,
and the general well-being of the individuals involved.
8. Restitution and Compensation: In many cases, customary
courts will consider the possibility of restitution, which
might involve compensating the injured party, whether
financially or through other means, in order to restore
justice.
9. The Impact on Children or Dependents: In family law
cases, such as divorce or inheritance, the welfare of
