Exam (elaborations)
IND2601 ASSIGNMENT 1 SOLUTIONS SEMESTER 2 2023.PASS GUARANTEED.
- Institution
- University Of South Africa (Unisa)
IND2601 ASSIGNMENT 1 SOLUTIONS SEMESTER 2 2023.PASS GUARANTEED.
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AFRICAN CUSTOMARY LAW (IND2601)ASSIGNMENT 1 SOLUTIONS SEMESTER 2,2023
DUE 29 AUGUST 2023
LAW TUTORS
PASS GUARANTEED
, QUESTION 1
i) The unwritten nature of African customary law:
African customary law is primarily an oral tradition and is transmitted from one
generation to another through oral means. It is not codified or written down in a
formal legal document. Instead, it is preserved through speeches, proverbs, stories,
and other oral means.
Customary law in Africa is rooted in the everyday customs and practices of the local
communities. These customs are not written but are based on the social and cultural
norms and values of the community. They shape the behavior, relationships, and
expectations within the community..
The unwritten nature of African customary law allows for flexibility and adaptability.
The law can evolve and change over time to reflect societal changes, new
circumstances, and emerging challenges. Customary law is not rigid and can be
adjusted to suit the needs of the community.
Since customary law is not codified, its interpretation lies in the hands of community
elders, chiefs, and other traditional authorities who possess in-depth knowledge of
the customs and traditions. They are responsible for applying and interpreting the
law based on their understanding of the community's customs.
Furthermore, customary law often operates in conjunction with, or alongside, other
forms of legal systems, such as statutory law or common law. It is not always an
exclusive legal system but can coexist or interact with other legal frameworks. This
allows customary law to adapt to changing circumstances or to provide remedies or
solutions where other legal systems may fall short.
ii) Customary law as an expression of community values:
Customary law reflects the values, beliefs, and customs of a particular community or
cultural group. It is deeply rooted in the social fabric of the society and reflects the
collective wisdom and consensus of the community. The rules and principles of
customary law are shaped by the community's cultural, social, and historical context,
and they govern various aspects of daily life, such as marriage, inheritance, land
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