African Customary Law in South Africa 2e

African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives, Second Edition, offers a clear and accessible introduction to African indigenous law. Drawing upon the rich data, empirical research, case law (such as that on marriage validity) and legislative developments (including the Traditional and Khoi-San Leadership Act 3 of 2019 and the Traditional Courts Bill [B1D-2017]) that have emerged within the recent period, this second edition presents a deepened theoretical and technical understanding of living customary law. In a concise manner, the text provides foundational content on key aspects of living customary law systems whilst also
engaging the problematics of both contemporary and historical concern evidenced in emerging issues and debates within the discipline of law, and society more generally. Employing an enquiring, critical approach, the text offers a decolonial contribution on the dynamic construct that is ‘customary law’ as rooted within a democr atic constitutional order.
Amongst the many relevant and timely topics covered by the work, African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives, Second Edition, includes an essential new chapter on land ownership and tenure in customary law, and presents an authoritative account of the extensive developments within the sphere of traditional leadership. In addition, the text offers a new framework that moves beyond harmonization of customary law and common law, where conflicts of law might arise, to envisioning a holistically South African and truly ‘common’ law.
Features
A new chapter that proposes a framework for amalgamation of customary and common laws, within the constitutional paradigm, as contemplated by the Constitutional Court in Alexkor Ltd and Another v Richtersveld Community and Others 2004 (5) SA 460 (CC)
2003 (12) BCLR 1301 (CC))
A new chapter that addresses land ownership and tenure in customary law
An analysis of the many reforms in customary law marriage and divorce, including the essential requirements for the validity of customary marriages, the consequences of customary law marriages, and the Recognition of Customary Marriages Amendment Act 1 of 2021
Discussion of reforms in the customary law of succession
Discussion of the extensive developments within the sphere of traditional leadership and traditional courts