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The status of African customary law was a hotly contested issue during the negotiations to end apartheid and concomitant constitutional negotiations. [19] A supreme constitution would allow for judicial review of the actions of traditional leaders as well as for scrutiny and amendment of customary law more generally.
Countries (in pink) which share the mixed South African legal system. South Africa has a 'hybrid' or 'mixed' legal system, [1] formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which ...
Consists of a mixed system combining the legacy of English common law, French civil law and indigenous customary law. Zimbabwe: Based on South African law. An 1891 proclamation by the High Commissioner for Southern Africa applied the law of the Cape Colony (now part of South Africa) to Southern Rhodesia (now Zimbabwe).
H Mostert and A Pope (eds) The Principles of The Law of Property in South Africa 1 ed (2010). Restitution of Land Rights Act 22 of 1994. Richtersveld Community and Others v Alexkor Ltd and Another 2003 (6) SA 104 (SCA), 2003 Case 488/2001 SAFLII; Alexkor Ltd and Another v Richtersveld Community and Others 2004 (5) SA 460 (CC), 2003 CCT 19/03 SAFLII
The Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998) is a South African statute in terms of which marriages performed under African customary law, including polygynous marriages, are recognised as legal marriages. It also reformed the law relating to the legal status of women in customary marriages, the financial consequences ...
Comparatively, the primary sources of South Africa law were Roman-Dutch and English Common law, imports of Dutch settlements and British colonialism, which is sometimes termed Anglo-Dutch law. Hence, pluralistic systems were devised by nations that combined the customary law, inherited penal codes and religious laws depending on the ancestral ...
South Africa's legal system is founded on constitutional supremacy, which means that all laws and actions by the state must comply with the Constitution. The Constitution is the highest law and includes a comprehensive Bill of Rights that protects the civil, political, and socio-economic rights of all individuals.
Customary law is a recognized source of law within jurisdictions of the civil law tradition, where it may be subordinate to both statutes and regulations. In addressing custom as a source of law within the civil law tradition, John Henry Merryman notes that, though the attention it is given in scholarly works is great, its importance is "slight ...