LCP4804 PORTFOLIO MEMO - MAY/JUNE 2022 - SEMESTER 1 - WITH DETAILED FOOTNOTES AND BIBLIOGRAPHY
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Course
LCP4804 - Advanced Indigenous Law
Institution
University Of South Africa (Unisa)
LCP4804 PORTFOLIO MEMO - MAY/JUNE 2022 - SEMESTER 1 - WITH DETAILED FOOTNOTES AND BIBLIOGRAPHY .
QUESTION 1
(a) Write down the definition of customary law as it appears from section 1 of the Recognition of Customary Marriages Act 120 of 1998; and then use its wording to explain the nature, ro...
lcp4804 portfolio memo mayjune 2022 semester 1 with detailed footnotes and bibliography
write a comprehensive essay for presentation at an international conference on good governance highlighti
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University of South Africa (Unisa)
LCP4804 - Advanced Indigenous Law
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LCP4804
QUESTION 1
Customary law is defined in section 1 of the Recognition of Customary Marriages
Act 1 (hereafter referred to as RCMA) as the “usages and customs traditionally
observed among the indigenous African peoples of South Africa”, which “forms part of
the culture of those peoples”. In understanding customary law, an important distinction
needs to be drawn between codified customary law and living customary law. Codified
customary law, also referred to as official customary law, comprises what was an
oppressive form of customary law developed by colonial and apartheid states which
exists in codes and precedents. It has been argued that much of the customary law in
the courts before 1994 was drawn from texts or precedents and is therefore of dubious
validity. Living customary law, on the other hand, exists in the system of living norms
that regulate the everyday lives of people who live according to customary law. This
system of law is dynamic, evolving and context-specific as it adapts to changes in the
beliefs and circumstances of the people it applies to.
1 Recognition of Customary Marriages Act, 120 of 1998
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