Customary Law (African Customary Law) — South African LLB

Study content for Customary Law (African Customary Law) — South African LLB: notes, practice MCQs and flashcards across 7 syllabus topics. This is AI-generated draft content — citations have not yet been independently verified.

Syllabus

• Historical & Colonial RecognitionTopic

  Pre-colonial customary law systems · Colonial & apartheid-era treatment of customary law (1652–1994) · Repugnancy clauses and official vs. living customary law distinction

• Constitutional FrameworkTopic

  Section 211 — recognition of customary law and traditional leadership · Section 39(2) — development of customary law in line with the Bill of Rights · Conflict between customary law and fundamental rights (dignity, equality, children's rights)

• Customary MarriageTopic

  Recognition of Customary Marriages Act 120 of 1998 — requirements & validity · Lobola (ilobolo) — nature, negotiation, legal status · Polygyny — capacity, regulation, proprietary consequences

• Customary Law of SuccessionTopic

  Pre-Bhe male primogeniture rule · Reform of Customary Law of Succession Act 11 of 2009 · Intestate Succession Act 81 of 1987 as applied post-Bhe

• Traditional Authority & LandTopic

  Traditional Leadership and Governance Framework Act 41 of 2003 · Communal land tenure and Ingonyama Trust · Role of traditional courts and chiefs in dispute resolution

• Dispute ResolutionTopic

  Traditional forums vs formal courts — jurisdiction interface · Customary law evidence and proof in court

• Living Customary Law TheoryTopic

  Living vs official customary law debate (Bennett, Himonga) · Dynamic nature of customary law and courts' duty to develop it

• Bhe v Magistrate, Khayelitsha

  What is the core holding in Bhe v Magistrate, Khayelitsha regarding male primogeniture?

  [2004] ZACC 17; 2005 (1) SA 580 (CC)
• Shilubana v Nwamitwa

  Define the legal distinction between living customary law and official customary law.

  [2008] ZACC 9; 2008 (9) BCLR 914 (CC)
• Shilubana v Nwamitwa

  What was the significance of the Valoyi Royal Council's 1996 resolution in Shilubana v Nwamitwa?

  [2008] ZACC 9; 2009 (2) SA 66 (CC)