Scl1502 Assignment Two Semester 1 2013

STUDENT NAME TAVENGANA TIMIRE

STUDENT NUMBER 51905981

MODULE CODE FLS1502

ASSIGNMENT NUMBER 02

REGISTRATION RG

ASSIGNMENT DUE DATE 05 APRIL 2013

UNIQUE ASSIGNMENT NUMBER 208138

POSTAL ADDRESS 2543 BLUFFHILL, HARARE, ZIMBABWE (COURIER)

QUESTION ONE

In the modules Origins of South African Law (FLS1501) and Introduction to Law (ILW 1501) you were introduced to indigenous law as part of South African Law. Write a short essay (1-1.5 pages) in which you explain what indigenous law is and what its role is in South African Law generally. You MUST consult sources other than the study guides and reference them properly.

ANSWER

The purpose of this short essay is to explain what indigenous law is and outline its role in South African Law.

Indigenous law, hereafter referred to as customary law, refers to the uncodified societal norms, values and practices observed by black people of South Africa for generations. Customary law has been defined in the Recognition of Customary Marriages Act 120 of 1998 as “…the customs and usages traditionally observed among the indigenous African peoples of South Africa and which form part of the culture of these peoples;”[1]

The said customs and usages can be cultural, economic, political or religious. The cultural norms relate to how, when and under whose authority certain activities like the reed dance were conducted. Economic rules determined ownership, distribution and exploitation of means of production like land. Political rules determined the ruling classes, transition and succession. Religious rules dictated how, when and who performed religious rituals.

Customary law has been influenced, shaped and distorted by colonialism and apartheid. Various colonial administrations have somehow recognised or manipulated customary law to control the indigenous peoples. The...