Customary law

By: Thandabantu Nhlapo, University of Cape Town

[Pictured above] South African President Jacob Zuma and Tobeka Madiba, his fifth wife, celebrate their traditional wedding with a dance. Reuters/Siphiwe Sibeko

• 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.

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.