Podcast
Questions and Answers
What was the significance of the British articles of capitulation in terms of laws of the conquered nation?
What was the significance of the British articles of capitulation in terms of laws of the conquered nation?
Laws of a conquered nation would remain in force until repealed.
When was customary law officially regulated for the first time in South Africa?
When was customary law officially regulated for the first time in South Africa?
1806
What was the purpose of the repugnancy clause introduced by the British in 1833 in the Cape?
What was the purpose of the repugnancy clause introduced by the British in 1833 in the Cape?
To subject customary law to British control
How did the British avoid direct rule of the indigenous people in the Cape?
How did the British avoid direct rule of the indigenous people in the Cape?
What was the significance of the Cape Native Succession Act of 1864?
What was the significance of the Cape Native Succession Act of 1864?
What was the attitude of magistrates and customary courts towards applying customary law during British rule?
What was the attitude of magistrates and customary courts towards applying customary law during British rule?
How did the Native Laws and Customs Commission of 1883 recommend handling customary law?
How did the Native Laws and Customs Commission of 1883 recommend handling customary law?
Why was it difficult to determine the extent of legal pluralism before colonial South Africa?
Why was it difficult to determine the extent of legal pluralism before colonial South Africa?
How did the Khoi people and others observe their own laws before state law pluralism developed?
How did the Khoi people and others observe their own laws before state law pluralism developed?
What hindered the government's ability to prevent the influence of traditional courts on the application of official customary law during British rule?
What hindered the government's ability to prevent the influence of traditional courts on the application of official customary law during British rule?
What was the major reason for the High Court's refusal to apply customary law during colonial South Africa?
What was the major reason for the High Court's refusal to apply customary law during colonial South Africa?
What is the main concept associated with narrow interpretation of legal pluralism?
What is the main concept associated with narrow interpretation of legal pluralism?
How did state law influence the application of customary law?
How did state law influence the application of customary law?
Why is weak legal pluralism associated with state law dominance?
Why is weak legal pluralism associated with state law dominance?
What role did colonizers play in shaping customary law?
What role did colonizers play in shaping customary law?
How did state authorization impact laws derived from non-state institutions?
How did state authorization impact laws derived from non-state institutions?
In what circumstances would customary law be applied according to the text?
In what circumstances would customary law be applied according to the text?
