Editorial: Determining the Content of Indigenous Law with Special Reference to Recording of the Law - Continental Views

Authors

DOI:

https://doi.org/10.17159/1727-3781/2019/v22i0a7662

Keywords:

recording, codification, customary law

Abstract

This special edition comprises a selection of contributions delivered at a conference hosted by the Chair in Customary Law, Indigenous Values and Human Rights at the University of Cape Town in collaboration with its research partner, the Research Chair on Legal Diversity and Indigenous Peoples at the University of Ottawa, on "The Recording of Customary Law in South Africa, Canada and New Caledonia" in May 2018.

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Author Biography

  • Chuma Himonga, University of Zambia

    Professor of Law emeritus, University of Cape Town, South Africa. Professor of Law, University of Zambia, former holder of the South African Department of Science and Technology (and National Research Foundation of South Africa) Chair in Customary Law, Indigenous Values and Human Rights at the University of Cape Town, South Africa.

References

Badejogbin RE An Analysis of the Process of Ascertainment and Application of Customary Law in the Formal Institutions of Adjudication: Nigeria and South Africa (PhD dissertation University of Cape Town 2017)

Dennison DB The Status, Rights and Treatment of Persons with Disabilities within Customary Legal Frameworks in Uganda: A Study of Mukono District (PhD dissertation University of Cape Town 2017)

Diala AC Judicial Recognition of Living Customary Law in the Context of Matrimonial Property Rights in South-East Nigeria (PhD dissertation University of Cape Town 2016)

Diallo F and Himonga C "Interactional Pluralism in Africa: Judges as Proxies of Legal Hybridisation in Southern Africa" in Ghislain O (ed) La rencontre des systèmes juridiques autochtones et étatique: confrontation ou coopération? / The Intersection of Indigenous Laws and State Law: Confrontation or Cooperation (2019 Presses de l'Université Laval) 341-373

Himonga C and Moore E Reform of Customary Marriage, Divorce and Succession in South Africa (Juta Cape Town 2015)

Hinz MO "The Ascertainment of Customary Law: What is Ascertainment of Customary Law and What is it for?" in Hinz MO and Gairiseb A (eds) Customary Law Ascertained Vol 2: The Customary Law of the Bakagalagari, Batswana and Damara Communities of Namibia (UNAM Press Windhoek 2013) 1-12

Maphalle KA Succession in Woman-to-Women Marriages under Customary Law: A Study of the Lobedu Kingdom (LLM Dissertation University of Cape Town 2017)

Msokera C Appropriate Dispute Resolution for Women Married under Customary Law in Malawi with Special Reference to Marital Violence (LLM Dissertation University of Cape Town 2017)

Osman F The Administration of Customary Law Estates Post the Enactment of the Reform of Customary Law of Succession Act: A Case Study from rural Eastern Cape, South Africa (PhD dissertation University of Cape Town 2019)

Bhe v Magistrate, Khayelitsha; Shibi v Sithole 2005 1 SA 580 (CC)

Malawi

Civil Cause No 397 of 2013

Malawi Courts Act, Cap 3:02 Laws of Malawi

South Africa

Law of Evidence Amendment Act 45 of 1988

Natal Code of Zulu Law, Proc R151 of 1987

Recognition of Customary Marriages Act 120 of 1998

Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009

Zambia

Local Courts Act, Chapter 29 of the Laws of Zambia

Subordinate Courts Act, Chapter 28 of the Laws of Zambia

Published

12-12-2019

Issue

Section

Special Edition: Determining the Content of Indigenous Law

How to Cite

Himonga, C. (2019). Editorial: Determining the Content of Indigenous Law with Special Reference to Recording of the Law - Continental Views. Potchefstroom Electronic Law Journal, 22, 1-10. https://doi.org/10.17159/1727-3781/2019/v22i0a7662

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