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The effect of the constitution on customary law in South Africa : for better or for worse?
Mini Dissertation (LLM (Private Law))--University of Pretoria, 2019.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2020
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| _version_ | 1867613564166995968 |
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| access_status_str | Open Access |
| author2 | Maimela, Charles |
| author_browse | Maimela, Charles |
| author_facet | Maimela, Charles |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Private Law))--University of Pretoria, 2019. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/73275 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:08.659Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2020 |
| publishDateRange | 2020 |
| publishDateSort | 2020 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/73275 The effect of the constitution on customary law in South Africa : for better or for worse? Maimela, Charles u10382004@tuks.co.za Mtsweni, Lindi UCTD Customary law Constitutional Law Mini Dissertation (LLM (Private Law))--University of Pretoria, 2019. Pre-colonial Africa had a system of human rights that were in line with the social and political situation of the time, the law was integral to communities and everyone knew the law and the way in which it had to be handled. When the colonisers came to Africa, there was a clash of cultures, as a result, the administration at the time was tasked with trying to make sense of social and legal norms which they could not understand or accept. Therefore, they tried to regulate the African population by importing their legal system and disregarding customary law. When the process of colonising South Africa began, customary law in the country was unwritten, this was adverse to the colonial justice which required that there should be uniformity, it is because of this that the process of capturing oral custom into written texts began with the aim that courts would have a single code of rules which would be authoritative. The new Constitutional dispensation requires that all laws in South Africa be consistent with the provisions of the Constitution lest they are regarded as being inconsistent. These provisions in the Constitution have had an impact not only on the enforcement of certain customary law rules but on the law in general. This dissertation seeks to inquire on the impact that the Constitution has had on various aspects of customary law and whether such impact is for better or worse with specific consideration of the people who practice customary law. Private Law LLM (Private Law) Unrestricted 2020-02-14T09:09:48Z 2020-02-14T09:09:48Z 2020-04 2019 Mini Dissertation * A2019 http://hdl.handle.net/2263/73275 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Customary law Constitutional Law The effect of the constitution on customary law in South Africa : for better or for worse? |
| title | The effect of the constitution on customary law in South Africa : for better or for worse? |
| title_full | The effect of the constitution on customary law in South Africa : for better or for worse? |
| title_fullStr | The effect of the constitution on customary law in South Africa : for better or for worse? |
| title_full_unstemmed | The effect of the constitution on customary law in South Africa : for better or for worse? |
| title_short | The effect of the constitution on customary law in South Africa : for better or for worse? |
| title_sort | effect of the constitution on customary law in south africa for better or for worse |
| topic | UCTD Customary law Constitutional Law |
| url | http://hdl.handle.net/2263/73275 |