Exam (elaborations)

2023 SEMESTER 2 ASSIGNMENT 2 - African Customary Law - IND2601

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Course
African Customary Law - IND2601

Institution
University Of South Africa (Unisa)

Assignment 1 Discuss the general characteristics of customary law relating to, i) The unwritten nature of African customary law (6) ii) Customary law as an expression of community values (6) iii) The role of magico-religious conceptions of customary law (8) iv) Group orientation nature (5) [2...

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Uploaded on September 13, 2023
Number of pages 5
Written in 2023/2024
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semester 2 assignment

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AFRICAN CUSTOMARY
LAW IND2601

ASSIGNMENT 1 SEMESTER 2
2023

, Question 1: Discuss the general characteristics of customary law relating to,

i) The unwritten nature of African customary law (6):

African customary law is primarily unwritten, meaning that it is not codified in formal
written statutes or legal documents. Instead, it is transmitted orally from one
generation to another and is rooted in the traditions, practices, and customs of various
ethnic or cultural groups. This unwritten nature of customary law is characterized by
the following:

Oral Tradition: Customary law is passed down through oral traditions, relying on verbal
communication and storytelling within communities.

Lack of Formal Legislation: Unlike statutory law, which is codified and promulgated by
legislative bodies, customary law does not have a central legislative authority that
formally records and publishes its rules.

Flexibility: Customary law is adaptable and can evolve over time to reflect changing
societal norms and circumstances.

Local Variation: Customary law can vary significantly from one community to another,
reflecting the unique customs and traditions of each group.

Informal Dispute Resolution: Disputes under customary law are often resolved through
traditional community-based mechanisms rather than formal courts.

ii) Customary law as an expression of community values (6):

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Exam (elaborations)

2023 SEMESTER 2 ASSIGNMENT 2 - African Customary Law - IND2601

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