PRIVATE LAW


African Customary Law in South Africa: Post Apartheid and Living Law Perspectives


Editors: T Nhlapo and C Himonga Authors: T Nhlapo, C Himonga, IP Maithufi , S Mnisi Weeks, L Mofokeng and D Ndima


African Customary Law in South Africa provides a clear, comprehensive and engaging introduction to indigenous law in South Africa, highlighting the importance and practical relevance of customary law beyond an offi cial statement of practices. The text provides a structure for understanding the overarching system of customary law, demonstrating its diff erence to other areas of South African law, whilst exploring the precepts and values of living customary law in order to actively engage with legal and community issues.


PAPERBACK AUG 2014 OUP SA


320 PAGES 9780199057184 9780199054435 NEW


Demonstrating how customary law precepts and values can be harmonised with the common law and Western constitutional jurisprudence, the text off ers an authentic and culturally-sensitive framework within which contentious issues might be resolved. The text is pedagogically designed to support learning and the development of academic skills, empowering students to apply independent reasoning and analysis to the material.


This text is suited as core course material for readers who are studying African Customary Law, Indigenous Law, or Legal Diversity as a module of the LLB degree. It also serves as a useful fi rst reference for scholars who are interested in this fi eld of law, legal practitioners, magistrates and judges.


Included in this edition: • The text off ers a unique approach to the study of African customary law, seeking to present the material within an enquiring, authentic and constructive framework. Within the structure of the overarching system of customary law, the text engages with the precepts and values of living customary law in order to illuminate the true value, relevance and fl exibility of indigenous law, and to provide a useful framework for addressing community and legal issues


• The text engages with problematic issues in cases and legislation, applying both offi cial and living customary law approaches to address these


• Material is presented within the framework of a pedagogical structure which supports understanding and the development of academic skills such as critical thinking, refl ection, application and analysis.


Table of Contents Part One Theoretical and structural overview of African customs • Chapter 1: Historical overview of customary law • Chapter 2: The nature and conceptualisation of customary law • Chapter 3: Legal pluralism • Chapter 4: Ascertainment and proof of customary law • Chapter 5: Internal confl ict of laws • Part Two Personal law and personal rights in African customary law • Chapter 6: Marriage • Chapter 7: The consequences of marriage • Chapter 8: The dissolution of marriage • Chapter 9: The customary law of succession • Chapter 10: Contractual obligations in customary law • Chapter 11: Customary law of delict


• Chapter 12: Criminal law • Part Three Political and civic aspects of African customary law • Chapter 13: Traditional leadership institutions • Chapter 14: Traditional courts


Lecturer resources • PowerPoint® teaching presentation • Assessment resources learningzone.oxford.co.za


PAPERBACK OCT 2020 OUP SA


480 PAGES 9780190753948 9780190738860 Family Law in South Africa 2e


Editors: B van Heerden, A Skelton, Z du Toit Authors: A Skelton, M Carnelley, JA Robinson, T Boezaart, S Human, B Smith, K Ozah, Z Hansungule, C Feldhaus, S Baird and J Anderssen


Family Law in South Africa, second edition, off ers a clear and accessible introduction to the principles of family law in South Africa. The second edition is thoroughly updated and revised to refl ect developments within the recent period, and includes a new chapter relating to surrogacy, IVF, and other forms of non- natural reproduction. This revised edition introduces a more integral and expanded synthesis of common law and African customary law, throughout, and includes a new chapter that discusses customary law rights, responsibilities and ritual pertaining to children. Where relevant, aspects of legal ethics, social justice, problem solving, and comparative law are foregrounded, at the appropriate level, and critical, refl ective and skills-based development is supported by the text’s unique pedagogical design.


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