South Africa's Bifurcated Constitutional History

The two major legal systems were common law, which applied to the white population, and customary law, which applied to black South Africans.

The Union formalized a bifurcated state by establishing a Westminster system for the white population while allowing traditional governance for indigenous peoples, but under white control.

Traditional governance structures, centered around chiefs, continued to operate for indigenous South Africans but were controlled by the white government.

<p>Remnants of apartheid-era laws are still evident in the application of common and customary law, which continue to affect different groups in varying contexts.</p> Signup and view all the answers

<p>The societal impact included deep-seated inequalities and discrimination between racial groups, affecting access to justice and political power.</p> Signup and view all the answers

<p>Judges reinterpret the Constitution over time by considering social, economic, and political changes that influence the open-ended and general provisions of the text.</p> Signup and view all the answers

<p>They acknowledge that the Constitution's language is open-ended and may require reference to extra-legal values and the political context to justify interpretations.</p> Signup and view all the answers

<p>Judges face the challenge that general language may not have a single 'objective' meaning, influenced by personal intellectual and moral preconceptions.</p> Signup and view all the answers

<p>Judges strive to remain objective by recognizing their biases and attempting to limit their personal influences, despite being human and affected by societal contexts.</p> Signup and view all the answers

<p>The underlying principle is that the Constitution does not mean whatever individuals wish it to mean, but must be interpreted within its intended context.</p> Signup and view all the answers

<p>Traditional indigenous governance structures have influenced modern constitutional law by introducing elements of communalism, which resonates with co-operative government provisions in the South African Constitution.</p> Signup and view all the answers

<p>Colonialism undermined indigenous governance structures by subjecting them to colonial authority and replacing traditional leaders with government-appointed officials, particularly through acts like the Glen Grey Act.</p> Signup and view all the answers

<p>The Glen Grey Act of 1894 was significant because it excluded Africans from the Cape Parliament and weakened the authority of local traditional leaders by instituting a government-appointed system of district councillors.</p> Signup and view all the answers

<p>From a modern perspective, indigenous governance structures may be seen as problematic because they do not align with contemporary democratic principles and practices that are central to a constitutional state.</p> Signup and view all the answers

<p>Co-operative governance provisions in the South African Constitution reflect a recognition of communal decision-making, echoing traditional indigenous practices that emphasize collective involvement in governance.</p> Signup and view all the answers