African customary/ traditional law

The African continent and particularly South Africa is known for its cultural and traditional diversity and its philosophy based on oral tradition. Since the pre-colonial era life within the communities, societies, clans or families was regulated by traditional practices or rights. Problems, conflicts or wrongdoings that divided the members of the community were resolved by the elders through their wisdom and values to restore harmony and social cohesion within the community. Whenever disputes and conflicts occurred between different ethnic groups, leaders or community elders of both groups conducted the reconciliation processes in presence of the members of the concerned groups. In general, African customary law applies the principle of collective responsibility. The law involves the entire community despite the damage being caused by only one or a few members of the community. Furthermore, restorative justice principles are applied by the elders and community leaders while chairing the proceedings to restore peaceful coexistence and harmony within the community as well as between the victim and the offender. However, there is always a certain tension between African customary law and modern constitutional law in South Africa, especially given the conflict between customary practices and the Bill of Rights. The interns have the opportunity to explore in depth this fascinating contrast with the resources available in this office and other centres around Cape Town.Click here to read more about the projects we are currently involved in.