South Africa: Legal Recognition of Traditional Courts — Legal Pluralism in Action

Abstract

South Africa has a mixed or pluralistic legal system. It comprises of a number of distinct legal traditions: transplanted European laws (the core being Roman-Dutch law, subsequently influenced by English common law), collectively known as the common law of South Africa,¹ as well as inherited indigenous laws, referred to as African customary law.² With the commencement of the Constitution of the Republic of South Africa 200 of 1993 (the interim Constitution) 1994 followed by the final Constitution of the Republic of South Africa (the Constitution) in 1996, two more pieces had been added to this puzzle, mixing the pot even further.³ The Constitution is supreme law (Constitution: Section 2) and all other law and conduct, including the common law and customary law, are subject to it. Contemporary South African law is a fascinating blend of Western⁴ and African⁵ laws interspersed with constitutional ideals and principles. The relationship between these laws is likely to present a challenge to someone not accustomed to the South African legal system.⁶