This book introduces students to the distinct legal traditions that make up the South African legal system.
South Africa's official legal system comprises a number of distinct legal traditions: a common-law mix of transplanted European laws, as well as traditional community laws, collectively known as customary law, while aspects of the personal laws of Hinduism, Judaism and Islam are being increasingly recognized. This book introduces law students to the rich and complex legal culture that underpins our constitutional democracy.
Currently a Professor at the North-West University.
Since 2006: Alexander von Humboldt Fellow
Since April 1994-: Lecturer at the Faculty of Law, North-West University (Potchefstroom Campus)
Since 1994: Commissioner of the Small Claims Court of Potchefstroom
Since 1987: Advocate of the High Court of South Africa
1985-March 1994: Prosecutor at the Dept of Justice
1981-1984: Administrative Clerk at the Dept of Justice
Content:
Part 1 - Legal Pluralism in South Africa
Chapter 1 - The Phenomenon of Legal Pluralism
Chapter 2 - Nature and Sphere of African Customary Law
Chapter 3 - Recognition, Application and Ascertainment of Customary Law
Chapter 4 - Religious, Personal and Family Law Systems in South Africa
Part 2 - African Customary Law
Chapter 5 - Family Law
Chapter 6 - Law of Property
Chapter 7 - Law of Contract
Chapter 8 - Law of Delict
Chapter 9 - Law of Succession and Inheritance
Chapter 10 - Traditional and Khoi-San Leadership and Governance
Chapter 11 - Traditional Courts and other Dispute Resolution Mechanisms
Part 3 - Personal, Religious and Family Law Systems in South Africa (Hindu, Jewish and Muslim Personal Law)
Chapter 12 - Hindu Personal Law
Chapter 13 - Jewish Personal Law
Chapter 14 - Muslim Personal Law
