British Colonization in South Africa

Laws of a conquered nation would remain in force until repealed.

1806

To subject customary law to British control

<p>Introduced a treaty system with chiefs</p> Signup and view all the answers

<p>First explicit instrument recognizing certain customary institutions</p> Signup and view all the answers

<p>They continued to apply customary law despite the government's non-recognition of it.</p> Signup and view all the answers

<p>It recommended that customary law be unofficially recognized as an uncodified system of law.</p> Signup and view all the answers

<p>Because African Customary Law (ACL) was historically unwritten and passed down through oral tradition.</p> Signup and view all the answers

<p>They continued observing their own laws while being employed at the refreshment station.</p> Signup and view all the answers

<p>Insufficient policing due to Magistrate's Courts being dispersed over large areas.</p> Signup and view all the answers

<p>Lack of a statutory provision allowing for it.</p> Signup and view all the answers

<p>Existence of at least 2 officially recognized systems of law running parallel in a single society.</p> Signup and view all the answers

<p>State law dictated which laws may be applied, when they are acceptable, and how conflicts with national law should be handled.</p> Signup and view all the answers

<p>Western laws tend to dominate, resulting in a weak legal pluralism.</p> Signup and view all the answers

<p>Colonizers used their own definitions and understanding to try and conform customary law.</p> Signup and view all the answers

<p>Laws from non-state institutions became 'law' only when officially authorized by the state.</p> Signup and view all the answers

<p>Customary law would be applied to clearly ascertainable facts.</p> Signup and view all the answers