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Concept · #customary-law
Customary law
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Courts should find customary law by asking communities what they do now, not by reading what colonial officials wrote down
Under South Africa's Constitution, customary law is recognised alongside the common law, subject to the Bill of Rights. The hard question is a practical one that I watch play out in court: when a dispute turns on custom, how does a judge…
Started by Thandeka Mokoena6 replies