In applying indigenous law, it is important to bear in mind that, unlike common law, indigenous law is not written. It is a system of law that was known to the community, practised and passed on from generation to generation. It is a system of law that has its own values and norms.
Is indigenous law a source of South African law?
The South African Constitution, 1996 (Act 108 of 1996) brought about a positive change to the South African legal system. South Africa has an uncodified legal system. This means that there is not only one primary source where the law originates and can be found. … Indigenous Law.
What is indigenous to South Africa?
Collectively, the various African indigenous communities in South Africa are known as the Khoe-San / Khoisan, which comprises the San and the Khoekhoe. The main San groups include the San Khomani who reside mainly in the Kalahari region, and the Khwe and Xun, who reside primarily in Platfontein, Kimberley.
What law does South Africa follow?
As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc.
What are the types of customary law?
There are as many customary laws in the country as there are communities. In most communities, women are not entitled to land in their own right under the customary law that operates in most of the indigenous areas (21). Three marriage types are recognized in the country: customary, religious and civil law marriages.
What are the 5 sources of South African law?
As South African Law has many sources ie. Common law, legislation or statutes, judicial precedent (court decisions), indigenous law, custom and legal academic writings, it is of practical importance for lawyers to be aware of these different sources which provide the key to the content of the law.
What are the two main sources of law in South Africa?
The sources of South African law are:
- the Constitution – the supreme law of the country (s 2 of the Constitution)
- legislation (acts of the national and provincial legislatures, and governmental regulations)
- common law.
- judicial precedent.
- customary / indigenous law. …
- Religious personal laws.
- international law.
Which tribe is the most educated in South Africa?
This has made them even stronger because they adapt easy and learn most languages.The three most educated tribes are:
- 1 Venda. The venda people where amongst the poorest in South Africa. …
- 2 Tsonga. The tsonga people are well known for their music and the dance that is called shibelani. …
- 3 Pedi.
What is a colored person in South Africa?
Coloured, formerly Cape Coloured, a person of mixed European (“white”) and African (“black”) or Asian ancestry, as officially defined by the South African government from 1950 to 1991.
Who are the indigenous people of Cape Town?
The Khoekhoe include the:
- Nama residing mainly in the Northern Cape Province.
- Koranna mainly in Kimberley and Free State Province.
- Griqua residing in the Western Cape, Eastern Cape, Northern Cape, Free State and Kwa-Zulu-Natal provinces.
What is private law in South Africa?
Private Law is the law that deals with relationships between individuals and includes, amongst many other areas of law, African Customary Law; Law of Delict, Law of Contract and Law of Property; as well as Law of Persons and Family.
What is a common law spouse entitled to in South Africa?
In South Africa no matter how long a couple may live together, the law does not recognise common-law marriages as being valid. Their cohabitation (living together) does not create any automatic legal rights and duties between them.
Why does South Africa not have a codification of law?
South African law is not codified, which means it is not recorded into one comprehensive piece of legislation. Our law has been influenced by Roman; Roman-Dutch; and English law given the history of our country. … This history brings us to the main sources of the law today in South Africa.
What is the difference between law and custom?
Custom–spontaneous, traditional, personal, commonly known, corporate, relatively unchanging–is the modality of primitive society; law is the instrument of civilization, of political society sanctioned by organized force, presumably above society at large and buttressing a new set of social interests.
What is the difference between customary law and common law?
Common law systems, while they often have statutes, rely more on precedent, judicial decisions that have already been made. … Customary law systems are based on patterns of behavior (or customs) that have come to be accepted as legal requirements or rules of conduct within a particular country.
What are the characteristics of African customary law?
African Customary Law (ACL) is further protected within the Bill of Rights, most notably under the right to freedom, belief and opinion (s 15), the individual right to language and culture (s 30) as well as the collective right pertaining to cultural, religious and linguistic communities (s 31).