Description
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.
ISBN: 9780190748487
Categories:
- University of Venda 2nd Semester 2024
- University of Western Cape 1st & 2nd Semester 2024
- University of Cape Town, Middle Campus, 2nd Semester 2024
- University of Fort Hare, East London, 2nd Semester 2024
- University of Witswatersrand (Wits), 2nd Semester 2024