Tuts

Question 1

What is the distinction between IAL and ACL

Answer 1

“indigenous laws are oral precolonial norms which people observed in their ancient forms, while customary laws are adaptations of precolonial norms to socioeconomic changes”

Question 2

What obligations do the courts have regarding the legality of a rule of customary law

Answer 2

1. S211 (3)

2. S39 (2)

Question 3

Why does litigation not always result in justice when applying ACL

Answer 3

• -> judges uneducated about ACL values
• -> globalisation
• -> official vs living customary law
• -> out of date practices/ ossified law

Question 4

why is the development of ACL problematic

Answer 4

• -> limited knowledge amongst judges
• -> Western views and approaches
• -> not in touch with indigenous people
• -> constitution problematic
• -> inferior position of ACL

Question 5

how have courts chosen to use ACL

Answer 5

• -> Bhe = acknowleged living customary law but applied official
• –> Shilu = developed LCL