Now showing items 1-8 of 8
The application of section 8(3) of the constitution in the development of customary law values in South Africa's new constitutional dispensation
The constitutional recognition of customary law alongside common law in the Constitution of the Republic of South Africa, 1996 is highly commendable. It also raises the question of whether or not the recognition was ...
The inforcement of the payment of lobolo and its impact on children's rights in South Africa
Various communities in South Africa practise the custom of lobolo (payment in kind or cash by a prospective husband or the head of his family to the head of the prospective wife’s family in consideration of a customary ...
Broadening the Legal Academy, the Study of Customary Law: The Case for Social-Scientific and Anthropological Perspectives
This article explores the need for a more broadly based understanding of law, especially in the context of undertaking research in customary law. It examines the limitations of doctrinal legal scholarship involving a "black ...
Oral Law in Litigation in South Africa: An Evidential Nightmare?
In the past, customary law has been applied rather haphazardly in the courts. Its inherent adaptive flexibility and indeterminate nature created confusion in a court system ill-equipped to deal with litigation dealing with ...
A customary right to fish when fish are sparse: managing conflicting claims between customary rights and environmental rights
This contribution considers the potential conflicts that may arise between customary rights and environmental rights in the face of dwindling marine resources. It sets the scene by reflecting on some of the common themes ...
Judicial "translation" and contextualisation of values: rethinking the development of customary law in Mayelane
The relevance of Mayelane v Ngwenyama (2013 4 SA 415 (CC)) has not been exhausted. Particularly the constitutional mandate undertaken by the Constitutional Court to "develop" customary law deserves closer scrutiny. In ...
Regulating traditional justice in South Africa: a comparative analysis of selected aspects of the traditional courts bill
Traditional justice systems have been in place for a very long time in South Africa and in Africa in general. They are characterised by informal systems that are not beset by the normal technicalities prevalent in formal ...
Aboriginal customary law: A source of common law title to land (2014 Hart Publishing Oxford and Portland Oregon)
This contribution provides a short review of the book by Ulla Secher Aboriginal Customary Law: A Source of Common Law Title to Land on aboriginal customary law as a source of common law title to land published in 2014.