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What Is Indigenous Law in South Africa

What Is Indigenous Law in South Africa

What Is Indigenous Law in South Africa
What Is Indigenous Law in South Africa

The constitutional court of South Africa classified indigenous law as having three distinct forms: community-based law; law found in legislation, case law, or textbooks on official customary law; and academic law utilized for instruction.

 

What are presumptions in indigenous law?

The assumption that a married woman’s children are her husband’s offspring is one of the presumptions recognized in indigenous law.

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What kind of law is indigenous law?

Indigenous law is unwritten. It is a body of legislation that was practiced, understood, and passed down from one generation to the next. It is a legal framework with unique standards and principles.

 

How are indigenous laws created?

Culture-related creations like songlines, storytelling, and dance are used to transmit customs from one generation to the next. These pieces of culture are transmitted orally.

 

What are the five main legal sources in South Africa?

The constitution is the country’s highest law (s 2 of the constitution)

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Legislation (acts of the national and provincial legislatures, and governmental regulations)

Common law.

Legal tradition.

Indigenous law or tradition.

Individual religious laws.

International legislation.

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