Land & Custom

Customary law is 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, which were retained in the memories of the chief and his councilors, their sons and their sons' sons until forgotten, or until they became part of the immemorial rules. [Bekker, 1989] 

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South Africa: Customary Initiation Bill, 2018

The South African Minister of Cooperative Governance and Traditional Affairs gazetted on 16 March 2018 a notice of intention to introduce the Customary Initiation Bill, 2018 in the National Assembly.

The main objectives of the Bill are—

(a) to protect, promote and regulate initiation;

(b) to provide acceptable norms and standards with a view to ensure that initiation takes place in a controlled and safe environment; and

(c) to provide for the protection of life and the prevention of any abuse

 

[Book] African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives

  • The text addresses living customary law precepts and values, offering an insightful, authentic and sensitive approach to the alignment of parallel systems of South African law. This facilitates an understanding of the true purpose, values and efficacy of customary law, and honours the important role which this system of law serves within South African society.
  • The material is presented in a clear and applied manner, in order that it should be accessible, engaging and challenging to readers.

Customary Law Bibliography

The Chair in Customary Law at the University of Cape Town and SEARCWL (Zimbabwe)  compiled this bibliography of Customary Law sources - secondary materials as well as case law.  The Bibliography currently encompasses primarily South African material, but our intention is to grow its regional scope. 

The Chair in Customary Law at the University of Cape Town at the time of compilation was Prof. Chuma Himonga.  The Director of SEARCWL at the time of publication was Prof. Stewart.

Analysis: Mifumi (U) Ltd & Others v Attorney General Kenneth Kakuru

Mifumi was decided by the Supreme Court of Uganda.[1] It was an appeal from the Constitutional Court where the constitutionality of “bride pride” was challenged at first instance.  For our purposes we use the term lobola or lobola (the term commonly used in Southern Africa) instead of the term “bride-price” used in the proceedings, which the Supreme Court rightly found unsuitable.

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