What are African laws?

The laws and legal systems of Africa have developed from three distinct legal traditions: traditional or customary African law, Islamic law, and the legal systems of Western Europe. In many cases European or Islamic legal traditions have replaced or significantly modified traditional African ones.

What is official customary law in South Africa?

Customary law is in turn defined as the “customs and usages traditionally observed amongst the indigenous African people of South Africa and which form part of the culture of those people” and is understood to refer to living customary law.

What is the official customary law?

Official customary law refers to law carried out in courts in accordance to statutes such as the Recognition of Customary Marriages Act of 1998 (26) (and others mentioned above). On the other hand, ‘living’ customary law refers to the social experiences of those living according to customary law.

What is customary law Kenya?

Customary law is recognized as one of the sources of Kenya’s laws where it is designated “African customary law.” Custom is the oldest source of law in Africa. It generated the body of law that governed the native African communities in pre-colonial Africa.

What are the characteristics of African customary law?

Customary law changes over time. Flexibility and the ability to change over time is an important feature of customary law. Traditional authorities have the right to make new customary law, and to amend and repeal existing customs. But customary law must be considered in the community context.

What does the Constitution say about African customary law?

The Constitution says that customary law is protected, but the rules of customary law must be in line with the principles in the Bill of Rights. The Bill of Rights protects the right to culture. But it also protects the right to equality and non-discrimination, and the right to dignity.

What is the application of African customary law?

African customary law is used as a guide in civil cases affecting people of the same ethnic group so long as this does not conflict with statutory law. There are currently four types of courts in Kenya: resident and district magistrate courts, senior resident and chief magistrate courts High court and the court appeal.