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African Customary Law

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Decks in this class (24)

Chapter 1 - General Introduction
After you have studied this lecture, you should be able to • explain the relation between the law and human relationships • classify customary law • indicate the different indigenous legal systems that are in force in Southern Africa and the legal implications of this diversity
17  cards
Chapter 2 - Some characteristics of African costmary law
After you have studied this lecture, you should be able to • identify the general characteristics of customary law • explain the role of magico-religious conceptions in customary law • explain the factors that encourage the observance of customary law
7  cards
Chapter 3 - The nature of customary law
After you have studied this lecture, you should be able to • differentiate between “specialised law” and “unspecialised law” • indicate the similarities between these types of legal systems • discuss the differences between these types of legal systems
16  cards
Chapter 4 - Recognition of customary law in the Constitution
After you have studied this lecture, you should be able to • identify the provisions of the law pertaining to the recognition of customary law before 1994 • identify the key provisions of the Constitution that provide for the recognition of customary law • discuss the implications of sections 30 and 31 of the Constitution with regard to the recognition of customary law • explain how the confl ict between the principles of customary law and fundamental rights should be dealt with
14  cards
Chapter 5 - introduction to customary law of persons
After you have studied this lecture, you should be able to • identify and explain the factors that may influence a person’s status in African customary law • distinguish between status and rank • explain how house rank influences a person’s status in African customary law
18  cards
Chapter 6 - Introduction to customary family and betrothal law
After you have studied this lecture, you should be able to • explain the scope and nature of customary family law • discuss the consequences of polygynous marriage for customary family law • distinguish between the traditional indigenous (customary) marriage, the customary union and the customary marriage • discuss the characteristics of the traditional indigenous marriage, the customary union and the customary marriage
13  cards
Chapter 7 - The legal requirements for customary marriages
After you have studied this lecture, you should be able to • explain the concept of legal requirements • discuss the legal requirements for a traditional indigenous marriage • discuss the legal requirements for a customary union and a customary marriage • indicate the similarities and differences between the legal requirements for a traditional indigenous marriage and those for a customary union and customary marriage
16  cards
Chapter 8 - The consequences of customary marriage
After you have studied this lecture, you should be able to • distinguish between and explain the general, personal and patrimonial consequences of customary marriages • discuss the single and complex systems of ranking • explain the patrimonial relations between houses
13  cards
Chapter 9 -The dissolution of customary marriages
After you have studied this lecture, you should be able to • differentiate between the various ways in which customary marriages can be terminated • discuss the grounds for the dissolution of customary marriages • explain the effect of such dissolution on marriage goods • discuss the consequences of dissolution of customary marriages
10  cards
Chapter 10 - Customary law of property
What is the law of property,
Name the categories of property a...,
Explain in depth general property...
8  cards
Chapter 11 - Introduction to the customary law of succession and inheritance
What is the law of succession,
What is inheritance,
What is succession
12  cards
Chapter 12- Legal developments in the regulation of customary succession and administration of estates
What are statutory interventions ...,
Explain testamentary disposition ...,
What are the provisions for the t...
7  cards
Chapter 13 - Constitutional and statutory reforms f the customary law of succession
What is the definition of a desce...,
What is the definition of a spous...,
What is the definition of propert...
5  cards
Chapter 14 - Customary courts and general principles of court procedure
Which of the courts are legally e...,
What is the provision of the cons...,
When are civil actions instituted...
7  cards
Chapter 15 - Jurisdiction of the courts of traditional leaders
Which cases may be heard and deci...,
A traditional leader s powers are...,
Explain jurisdiction in criminal ...
6  cards
Chapter 16 - The African customary law of evidence
Explain what the burden of proof is,
Explain what evidential burden is,
Explain what measure of proof is
16  cards
Chapter 17 - Sentencing and execution of judgments in the customary courts
What is a fearure of judgments by...,
How is the sentence or judgment e...,
What happens if someone refuses o...
4  cards
Chapter 18 - The act as an element of crime
What is a crime,
Briefly summarise the elements of...,
What are the differences between ...
10  cards
Chapter 19 - Unlawfulness, guilt and punishment as elements of crime
Explain in depth what unlawfulnes...,
List the grounds of justification...,
Explain in depth what guilt means...
5  cards
Chapter 20 - Contempt of the ruler, assault and rape
List the punishable crimes in afr...,
List the forms of punishment for ...,
Explain in depth what assault mea...
5  cards
Chapter 21 - Legal recognition of traditional leadership
What is traditional leadership,
Explain in depth how traditional ...,
What are the implications of the ...
3  cards
Chapter 22 - Institutions of traditional authority in South Africa
What are the characteristics of t...,
Explain the traditional state in ...,
Explain the traditional state in ...
12  cards
Chapter 23 - Succession to traditional leadership
What are the principles of succes...,
What are indigenous principles of...,
Which case was pivotal in the ref...
12  cards
Chapter 24 - Traditional leadership and governance
What are examples of traditional ...,
In a determination who is the aut...,
What are the formal requirements ...
8  cards

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African Customary Law

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