Browsing PER: Potchefstroom Electronic Law Journal by Subject "Customary law"
Now showing items 1-10 of 17
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Aboriginal customary law: A source of common law title to land (2014 Hart Publishing Oxford and Portland Oregon)
(PER, 2018)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. -
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 ... -
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 ... -
The changing identity on succession to chieftaincy in the institution of traditional leadership : Mphephu v Mphephu-Ramabulana (948/17) [2019] ZASCA 58
(PER/PELJ, 2020)The institution of traditional leadership has from time immemorial been central to traditional authority in the system of customary law. After the dawn of democracy in 1994, the role was fundamentally entrenched in the ... -
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 ... -
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 ... -
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 ... -
Examining the Land Use Act of 1978 and its effects on tenure security in Nigeria : a case study of Ekiti State, Nigeria
(PER/PELJ, 2019)The Land Use Act of 1978 (LUA) has failed to achieve some of its objectives. The rural poor and the vulnerable are those most affected. The failure is ascribed to problems inherent in the Act and poor implementation. This ... -
Gongqose v Minister of Agriculture, Forestry and Fisheries–a tale of customary rituals and practices in Marine Protected Areas
(PER/PELJ, 2019)The correct application of customary law post constitutionalism continues to be the subject of much judicial and academic deliberation. This is especially true where the existence and/or scope of customary rights and ...