The Indigenous Law module explores the interface between European/Western legal concepts and African customs and practices, including the conflicts that arise from their interaction. It also provides a broad overview of several branches of South African law 鈥� such as jurisprudence, conflict of laws, law of persons, family law, law of property, law of contract, law of delict, law of succession, and the administration of estates 鈥� all examined from an African perspective, including the status and role of traditional leaders. It is an exciting subject that incorporates elements of history, anthropology, sociology, and politics.
However, please note that all topics in this module are approached strictly from a legal perspective. Our primary focus is the law itself: specifically, customs and practices that have attained legal status, as well as those currently observed in communities (often termed “Living Customary Law”). Living Customary Law perfectly illustrates the dynamic between legal theory and the daily realities of the people it governs. It should be noted that other traditional practices without legal recognition do not constitute Indigenous Law for the purposes of this module.
We also strive to blend and contrast the theory of Customary Law with practical, everyday experiences. As indicated, Indigenous Law is not only a source of South African law but also provides appropriate remedies for various legal disputes.
While students are encouraged to ask legitimate and relevant questions through all available channels, we request that the majority of substantive questions be reserved for scheduled lecture halls or virtual sessions, where applicable.