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Introduction to African Customary Law
Brief Description
The course aims to introduce the scope, general and underlying principles and application of African Customary Law in South Africa to legal practitioners who had no or little knowledge and exposure to African Customary Law. Legal Practitioners who need to be updated in this area of law will also find the course beneficial and insightful. Foundational and historical legal principles will be discussed and explained with reference to the South African Constitution as the supreme law of the land, common law, relevant court cases, legislation and policy documents. In addition the course will put emphasis on the practical application of African Customary Law in the legal fraternity because it is still developing and must be considered by the courts as outlined by the Constitution of the Republic of South Africa, 1996.
Learning Outcomes
After completion of the course, candidates will be able to:
  • Have a good background and understanding of the scope and application of African Customary Law
  • Explain the interface of African Customary Law with Common Law
  • Explain and outline the basic legal principles in relation to customary marriages and the consequences of such unions
  • Provide advice in context with succession disputes
  • Have a good understanding on how customary law of contracts and delicts operate
  • Analyze the position of Traditional leaders and their powers
  • Assess the function of Traditional courts and their importance in the modern day society
Course Content
The course will cover the following aspects on African Customary law:
  • The place of African Customary Law in the South African Legal system and concepts of African Customary Law
  • The Constitution and its role in African Customary Law
  • Comparative analysis between Common Law and African Customary Law
  • Customary Marriages and Succession
  • Introduction to Customary Law of Contract
  • Customary Law of Delict
  • The position of traditional leadership and governance
  • The role and function of traditional courts and other Dispute Resolution Processes
Entry Requirements
Please contact us for more information
Course Number:
P006816
Catalogue and Category:
Law and Human Rights
Who Should attend:
  • Attorneys
  • Advocates
  • Candidate Attorneys
  • Legal advisors
  • Legal Researchers
  • Academics
  • Paralegals
Delivery Mode:
Contact Sessions
Contact Days:
Total Notional Hours: