British Colonization in South Africa

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Laws of a conquered nation would remain in force until repealed.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

1806

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?

Introduced a treaty system with chiefs Signup and view all the answers

What was the significance of the Cape Native Succession Act of 1864?

First explicit instrument recognizing certain customary institutions Signup and view all the answers

What was the attitude of magistrates and customary courts towards applying customary law during British rule?

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

How did the Native Laws and Customs Commission of 1883 recommend handling customary law?

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

Why was it difficult to determine the extent of legal pluralism before colonial South Africa?

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

How did the Khoi people and others observe their own laws before state law pluralism developed?

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

What hindered the government's ability to prevent the influence of traditional courts on the application of official customary law during British rule?

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

What was the major reason for the High Court's refusal to apply customary law during colonial South Africa?

Lack of a statutory provision allowing for it. Signup and view all the answers

What is the main concept associated with narrow interpretation of legal pluralism?

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

How did state law influence the application of customary law?

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

Why is weak legal pluralism associated with state law dominance?

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

What role did colonizers play in shaping customary law?

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

How did state authorization impact laws derived from non-state institutions?

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

In what circumstances would customary law be applied according to the text?

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

British Colonization in South Africa

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