South Africa: Understanding the Relevance of African Customary Law in Modern Times

analysis

African customary law is controversial. This is due to the dissonance between the past and present. The social settings in which Africans interact have changed over time. These changes have been characterised by a tense relationship between indigenous customs and statutory laws with colonial origins. Indigenous customs have communal, welfarist features, while statutory laws have industrial, individualistic features.

This dissonance is very evident in South Africa. The ethos of its formal legal order often conflicts with the values of indigenous customs. This has made the interaction of indigenous customs and statutory laws problematic. Two examples arise in the areas of marriage and inheritance.

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