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The Relationship between Traditional Laws and Modern Law in Africa : A Comparative Study of the Tswana, Xhosa, and Oromo
Thesis (LLD)--University of Pretoria, 2021.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2021
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| _version_ | 1867613688787107840 |
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| access_status_str | Open Access |
| author2 | Fombad, Charles Manga |
| author_browse | Fombad, Charles Manga |
| author_facet | Fombad, Charles Manga |
| 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 | Thesis (LLD)--University of Pretoria, 2021. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/79747 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:07.894Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| 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:2263/79747 The Relationship between Traditional Laws and Modern Law in Africa : A Comparative Study of the Tswana, Xhosa, and Oromo Fombad, Charles Manga jan_erk@hotmail.com Erk, Jan Galip UCTD Comparative Constitutional Law Traditional governance Democratic governance Customary law Bakgatla Batswana Law articles SDG-10 Law articles SDG-16 Law articles SDG-17 Thesis (LLD)--University of Pretoria, 2021. The main scholarly goal of this thesis is to identify the different types of relationship indigenous traditional laws and traditional governance structures have with the laws and institutions of the modern state in Africa. The aim is to distil lessons, insights, and observations which have comparative relevance for the study of (non-Western) constitutions and constitutionalism. The case-studies from Botswana, South Africa, and Ethiopia are part of this search for potentially generalisable patterns which hold across both time and place. The investigation is thus, both a) a comparison across three case-studies and b) a historic comparison across time. That is, each case-study contains a comparison of the different legal and political mechanisms managing the relationship between the traditional and the modern during the different constitutional phases spanning precolonial, colonial, and post-colonial periods. For each case-study investigation starts with the international and regional levels of analysis and then moves down to the national and local levels. After examining nation-wide constitutional and political factors, the focus is directed on the traditional laws and governance structures in three select locations: i) the Bakgatla Batswana of Botswana; ii) the Transkei amaXhosa of the Eastern Cape; and iii) the Guji/Borana Oromo of Ethiopia. The three case-studies epitomise three different paths to empowering indigenous African constitutionalism. In Botswana we see early recognition, domestication, and continuity; in South historical distortion, manipulation, followed by democratic rebirth; and in Ethiopia we see how an idealised version of indigenous Oromo constitutionalism is in resurgence after its near extinction in recent history. rz2025 Public Law LLD Unrestricted SDG-10: Reduced inequalities SDG-16: Peace, justice and strong institutions SDG-17: Partnerships for the goals 2021-05-04T06:56:00Z 2021-05-04T06:56:00Z 2021 2021-05-03 Thesis * S2021 http://hdl.handle.net/2263/79747 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 Comparative Constitutional Law Traditional governance Democratic governance Customary law Bakgatla Batswana Law articles SDG-10 Law articles SDG-16 Law articles SDG-17 The Relationship between Traditional Laws and Modern Law in Africa : A Comparative Study of the Tswana, Xhosa, and Oromo |
| title | The Relationship between Traditional Laws and Modern Law in Africa : A Comparative Study of the Tswana, Xhosa, and Oromo |
| title_full | The Relationship between Traditional Laws and Modern Law in Africa : A Comparative Study of the Tswana, Xhosa, and Oromo |
| title_fullStr | The Relationship between Traditional Laws and Modern Law in Africa : A Comparative Study of the Tswana, Xhosa, and Oromo |
| title_full_unstemmed | The Relationship between Traditional Laws and Modern Law in Africa : A Comparative Study of the Tswana, Xhosa, and Oromo |
| title_short | The Relationship between Traditional Laws and Modern Law in Africa : A Comparative Study of the Tswana, Xhosa, and Oromo |
| title_sort | relationship between traditional laws and modern law in africa a comparative study of the tswana xhosa and oromo |
| topic | UCTD Comparative Constitutional Law Traditional governance Democratic governance Customary law Bakgatla Batswana Law articles SDG-10 Law articles SDG-16 Law articles SDG-17 |
| url | http://hdl.handle.net/2263/79747 |