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Tuesday, August 4, 2020 | History

2 edition of Safeguarding African customary law found in the catalog.

Safeguarding African customary law

Thierry Verhelst

Safeguarding African customary law

judicial and legislative processes for its adaptation and integration.

by Thierry Verhelst

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  • 39 Currently reading

Published by African Studies Center, University of California in Los Angeles .
Written in English


Edition Notes

SeriesOccasional Paper, African Studies Center, University of California, Los Angeles -- 7
ContributionsUniversity of California. African Studies Center.
ID Numbers
Open LibraryOL18069145M

PRIMOGENITURE AND ILLEGITIMACY IN AFRICAN CUSTOMARY LAW: THE BATTLE FOR SURVIVAL OF CULTURE Jelili A. Omotola* Nowadays, African cultures seem threatened by the effects of rapid socio-economic transformation processes and by the invasion offoreign models and mass cultural products. The ways of life, the ancestral values, the endogenous forms ofFile Size: 1MB. Chapter 11 of the Constitution of South Africa recognizes the role and status of traditional leadership according to customary law. A number of amendments and legislative proposals have been adopted, including different programmes that have been implemented for the purposes of ensuring that traditional leadership contributes to the development.

  The African Union and its Member States Editors: Patrick Vrancken and Martin Tsamenyi ( pages) Juta & Co (Pty) Ltd “On life’s vast ocean diversely we sail, Reason the card, but passion is the gale.” – Alexander Pope ( – ) Taking ownership of the sacred responsibility of safeguarding the future of our planet has become increasingly urgent as Author: Louis Rood. african customary law in south africa: post-apartheid and living law perspectives. himonga c. isbn: r add to basket added. add to wishlist ; add to quote ; available for download immediately via vitalsource ebook app.

Bennett Human Rights and African Customary Law Under the South African Constitution, Juta and Co., Cape Town () 80; F. Kaganas and C. Murray "The Contest Between Culture and Gender Equality Under South Africa's Interim Constitution," Journal of Law and Society () CHAPTER CUSTOMARY LAW AND THE ENVIRONMENT. Manfred O. Hinz. 1 Introduction. The very special relationship of traditional or indigenous communities to nature, to the use of natural resources in general and to plants and animals in particular has been the subject of many empirical studies and theoretical reflections. 1 Nevertheless, the focus on customary environmental law is a .


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Safeguarding African customary law by Thierry Verhelst Download PDF EPUB FB2

African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives provides a clear introduction to African customary law in South Africa. The text provides a structure for understanding the nature and overarching system of customary law, illustrating the distinctness of African customary law in relation to other areas of South African law.

Safeguarding African customary law book Safeguarding African customary law: judicial and legislative processes for its adaptation and integration.

Customary law is practiced in many contexts -- by secular governments, religious sects and even sports. In Judaism and Islam, established custom can be considered a precedent to resolve a dispute brought before religious jurists who might otherwise find no precedent in the religion's holy texts to decide a case.

African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives provides a clear introduction to indigenous law in South Africa. The text provides a structure for understanding the nature and overarching system of customary law, illustrating its distinctness in relation to other areas of law, and exploring the dynamic precepts Authors: Lesala Mofokeng, Sindiso Mnisi Weeks, Ip Maithufi.

Introduction. Legal pluralism is a key feature of African legal systems. The form of pluralism that permeates these systems derives from what is known as the principle of "legal centrism," which holds that all law emanates from the state and that rites developed and practiced by nonstate actors, including religious and customary institutions, are law only to the extent they are recognized by.

AFRICAN CUSTOMARY LAW ^ustomary 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.

PDF | On Sep 2,Michael K. Musgrave and others published African Customary Law in South Africa. Post-Apartheid and Living Law Perspectives by C. Himonga and T. The Future of African Customary Law is intended to promote discussion and understanding of customary law and to explore its continued relevance in sub-Saharan Africa.

This volume considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form, and status from 5/5(1). African Customary Law, Customs, and Women's Rights MUNA NDULO* ABSTRACT The sources of law in most African countries are customary law, the common law and legislation both colonial and post-independence.

In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to customary by: The position of customary law in the South African legal system has been much improved since the enactment of the new Constitution.

As a constitutionally protected cultural heritage, customary law now enjoys a status equal to that of Roman-Dutch law. By drawing on a range of materials, both legal and and anthropological, from South Africa and elsewhere in Africa, this book provides a.

South African customary law refers to a usually uncodified legal system developed and practised by the indigenous communities of South Africa. Customary law has been defined as. an established system of immemorial rules evolved from the way of life and natural wants of the people, the general context of which was a matter of common knowledge, coupled with precedents applying to special cases.

This book is intended primarily as an introduction to African legal theory within the wider framework of general jurisprudence. Accordingly, it is concerned, not with a comprehensive description of the various customary laws of the African peoples, but with an analysis of the basic concepts underlying African law and the interpretation of these against their social and juridical background.

The South African Law Commission has begun to investigate customary laws to recommend changes to bring customary law in line with the Constitution.

The South African Law Commission (SALC) is examining different parts of customary law with the aim of doing away with unfair discrimination – for example: in the customary laws on marriage and File Size: KB. The status of women in African customary law 51 The impact of gender inequality on children’s rights 52 A selection of gender-sensitive practices in more detail 54 Transition rituals and ceremonies 54 Child marriages 61 Polygamy 1st Floor, Sunclare Building, 21 Dreyer Street, Claremont, Cape Town Phone: +27 21 Fax: +27 21 Email: [email protected] 10 Mthembu 3 (note 9 above) at paras 37 and 40; C Rautenbach ‘South African Common and Customary Law of Intestate Succession: A Question of Harmonisation, Integration or Abolition’ () 12 Electronic Journal of Comparative Law 11 Bhe (note 4 above) at para File Size: KB.

Since the decision in Lewis v Bankole ‘customary law has been stated to be unwritten customary law, recognized as law by the members of an ethnic group and it is a mirror of accepted usage’ on the other hand, it is a notorious fact that Moslem law is written in the Holy Koran, in the numerous books of the Hadith the explanation.

Customary law, gender equality, and the family: the promise and limits of a choice paradigm Tracy E. Higgins and Jeanmarie Fenrich African customary law and women's human rights in Uganda Ben Kiromba Twinomugisha Women's rights, customary law and the promise of the protocol on the rights of women in Africa Johanna Bond A SOURCEBOOK OF AFRICAN CUSTOMARY LAW FOR SOUTHERN AFRICA by TW Bennett (assisted by NS Peart) Juta Í pp lix and Price R78,00 (soft cover) A sourcebook of African customary law for southern Africa is the first book on indigenous law in South Africa to include a comprehensive jurisprudential background to that component of South African law.

done in the context of and with comparison to the South African common law (Roman-Dutch law). I shall conclude the discussion with a few remarks on the influence of the common and constitutional law on customary law with a view to the future of customary law of succession (in its current form) in a mixed legal system such as that of South Africa.

A Save the Children Sweden study entitled ”An exploratory study on the interplay between African customary law and practices and children’s protection rights in South Africa”, initially launched at a conference on the Status of Children’s Rights in Southern Africa hosted by Save the Children, the Pan African Parliament and the Southern African Development Community (SADC).The continued prevalence of customary law in many African countries is the ‘inconvenient’ truth of modern African society.

It is inconvenient because many Western development professionals and academics perceive customary law as archaic and repressive, particularly of women, and the traditional institutions with which customary law is associated, as corrupt and : Michael K.

Musgrave.Access study documents, get answers to your study questions, and connect with real tutors for LAW ind african customary law at University Of South Africa.