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The inforcement of the payment of lobolo and its impact on children's rights in South Africa
(2013)
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 ...
Regulating traditional justice in South Africa: a comparative analysis of selected aspects of the traditional courts bill
(2014)
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 ...
A customary right to fish when fish are sparse: managing conflicting claims between customary rights and environmental rights
(2013)
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 ...
The application of section 8(3) of the constitution in the development of customary law values in South Africa's new constitutional dispensation
(2012)
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 ...
Broadening the Legal Academy, the Study of Customary Law: The Case for Social-Scientific and Anthropological Perspectives
(2017-10-26)
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?
(2017-10-26)
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 ...
The consequences of the statutory regulation of customary law: an examination of the South African customary law of succession and marriage
(PER/PELJ, 2019)
In pluralistic legal systems, the regulation of non-state law through statute carries the risks associated with codification; namely the ossification and distortion of law. This article examines the effects of statutory ...
Determining the content of indigenous law with special reference to recording of the law - continental views
(PER/PELJ, 2019)
This special edition comprises a selection of contributions delivered at a conference hosted by the Chair in Customary Law, Indigenous Values and Human Rights at the University of Cape Town in collaboration with its research ...
The resonance of colonial era customary codes in contemporary Uganda
(PER/PELJ, 2019)
Colonial era codifications of customary law – especially those codified in indigenous first languages – have a resilient capacity to form and inform living customary law. In the context of Mukono District, Uganda, modern ...
Case Law as an authoritative source of customary law: piecemeal recording of (living) customary law?
(PER/PELJ, 2019)
This contribution deals with the question of whether a judgment from a mainstream court dealing with customary law can be regarded as authority and thus as a recording of a customary rule or rules. When a mainstream court ...