African Customary Law

Course description

With the increased policy emphasis on Africanisation and decolonisation of laws, questions have arisen over the contours of decolonisation. Far too often, the connection between globalisation and indigenous laws is not clear in the law curriculum. Indeed, the two are taught in isolation – as if the circumstances that shaped European colonisation did not continue after African states gained political independence. Equally troubling is the reality that the connections between indigenous African laws and other normative systems, including international law, are hardly ever studied holistically. When European imperial powers imposed their relatively industrial laws on Africa’s agrarian societies, they displaced the normative monopoly of indigenous African laws. Driven by technology and other socioeconomic changes, the imposed laws eventually transformed into statutory laws that coexist with oral indigenous laws in an unequal relationship characterised as legal pluralism. Significantly, the imposed laws were accompanied by radical changes in the education, morality, religion, work, food, dressing and philosophy of Africans. The dissonance between the capitalist origins of statutory laws and the agrarian origins of indigenous laws causes hardship for women, girls, and younger male children, especially in issues of property, land, marriage, and traditional leadership.

This course is offered in response to the problematic relationship between indigenous African laws, religious laws, and the human rights elements of statutory laws in South Africa. It is informed by agitations for the decolonisation of the law curriculum and the fieldwork conducted by the CLIA in Limpopo and the Eastern Cape provinces. This course will fill an educational and market gap in a specialised manner that is not found in similar programmes offered by other institutions. It will be the first certificate course of its nature in South Africa.

Course details

The various sessions will explore the following content and more:

SESSION I – Introduction to the nature and sources of customary laws
- Introductions, expectations, and online session guidelines.
- Definitions and conceptualisation of African customary law.
- Differences between indigenous laws and African customary law.

SESSION II – Historical recognition of African customary law
- Recognition during colonialism.
- Recognition after independence.
- Recognition in statutory laws – e.g. Law of Evidence Amendment Act.

SESSION III – The foundational values of African customary law
- Explanation of the social settings in which indigenous laws emerged.
- Analysis of the link between social behaviour and sense of obligation.
- Critique of the interaction of normative orders in post-colonial settings.

SESSION IV – Relationship between African customary law and human rights
- The European origins of statutory laws.
- Tension between modern conditions and the agrarian origins of indigenous African laws.
- Judicial approach to the application of customary law and the demands of human rights.

SESSION V – Overview of customary marriages
- Historical recognition of customary marriages in Africa.
- Comparative marriage laws.
- Legal requirements for a customary marriage.

SESSION VI – Succession, traditional leadership and traditional courts
- General principles of succession and inheritance in Africa.
- Inheritance and succession laws in comparative perspectives.
- Functions and regulations of traditional leadership institutions.

Statement of purpose

This course seeks to (re)introduce the nature, scope, and foundational values that influence the
recognition of indigenous African laws, and the conflict or tensions that arise as a result of thereof.
It is, to our knowledge, the first offering of its kind in South Africa. Thus, it aims to fill an educationalgap in a specialised manner that is not replicated in similar short courses offered by other institutions.
The course will explain the differences between indigenous laws and African customary laws in the
context of their discordant origins and the influence of globalisation. By showing how the interaction of normative orders affects the family, participants will better understand the conflict of laws and management of cultural diversity to cope with the legal needs of a society developing in a globalised world. Generally, the course will stimulate critical thinking about State regulation of indigenouslaws, with emphasis on how people adapt their behaviour to socioeconomic changes.

Course outcomes

On completion of this course, participants should be able to:
• Demonstrate a critical understanding of the status of African customary laws and
their relationship with human rights in different contexts.
• Critically reflect on tensions between the origins of indigenous African laws and colonially inspired statutory laws.
• Critique the recognition of indigenous laws from the colonial era to the constitutional era.
• Distinguish between indigenous laws and African customary laws.
• Identify and apply the foundational values of African customary laws to social problems in family law contexts.
• Evaluate the impact of constitutional human rights on indigenous norms and practices.
• Analyse legal problems pertaining to the application of customary law in constitutional
democracies, including the status and application of religious laws.
• Identify and analyse judicial developments on customary rules that affect women, children,
traditional leadership, marriage, succession, and property (including land) rights.

Entry level requirements

The course is ideal for people with undergraduate degrees who are interested in customary law or
currently studying law, and those who have extensive practical experience in areas of family law
such as succession, marriage, divorce, child custody and traditional leadership.

Planned course dates

3 August 2026 – 7 September 2026 (6 weeks)
Applications are open. Application deadline: 27 July 2026

Assessment criteria

The assessment criteria will be applied in an integrated manner through the various assessment tasks. Participants should be able to:
• Demonstrate a critical understanding of the relationship between African customary law and human rights through case studies, reflective essays and debates in different real-life contexts (learning outcomes 1, 3, 6-8).
• Apply legal knowledge to solve simulated cases involving marriage, succession and traditional
leadership, demonstrating the ability to contextualise issues within their own experiences where
appropriate (learning outcomes 5-8).
• Identify the foundational values of indigenous laws and challenge the mainstream definition of
African customary laws in relation to family law problems, using a comparative learning
approach (learning outcomes 4 and 5).
• Demonstrate autonomous learning and collaboration with peers in identifying, analysing and
evaluating the interaction of customary laws with religious laws and statutory laws in African
contexts (learning outcomes 6-8).

Assessment methods

These include reflective essays, case analysis and discussion forums around particular topics in small teams/pairs to test and demonstrate knowledge, logical reasoning and analytical skills. Participants will answer weekly multiple choice questions (MCQ) and short answer tests in class based on the materials covered, regulatory frameworks, and the judicial recognition of African customary law.

Assessments and their weightings typically may include:
Formative assessments
• Weekly written reflections of no more than 300 words = 20%.
• Presentations reflecting both theoretical and practical aspects of the course = 10%.
• Compulsory 1 x weekly online class tests (MCQs and short answer questions) to be completed by the end of each week. There will be six tests with two attempts per test = 20%.
• Compulsory participation in weekly discussion forums. There will be six discussion forums in
total. Participants will engage with both theoretical and practical aspects of African customary
law by making presentations, responding to questions and offering their critical opinions = 10%.

Summative assessment
• Written assignment of 1500-2000 words in the form of an essay, a blog, op-ed, or newspaper
article demonstrating knowledge of the topics covered during the course = 40%.

Total 100%

Course material & equipment

The course outline, timetable, assignments, schedule of activities, marking system and deadlines will be placed on the course webpage. There is no prescribed textbook as this course is practical-oriented – with a focus on the convergence of African customary law with state laws. Prescribed materials consist of: academic publications (journal articles, chapters in books) case law, legislation, policy documents, current media reports, documentaries, podcasts, articles and blogs.

Each week includes a list of readings and resources for each seminar. Learners will also be provided with a list of revision questions and topics.
Participants are required to have access to a laptop with a camera and microphone, as well as a stable internet connection. The University will provide orientation before the course and offer support for online learning where needed.

Modes of delivery

Online via Google Meet, which is easily accessible to the participants, as well as through UWC’s
online learning platform. Learning will be synchronous and asynchronous. For the asynchronous
component, participants will be required to engage in the weekly online discussion forums on a
subject matter selected by the lecturers. Judicial decisions, reports, and blogs will be made available on the LMS for the participants to read on their own in preparation for seminars and activities.

Alignment with UWC mission & strategic initiatives

This course aligns with the mission of UWC, especially the aims of ‘academic excellence’ through being ‘responsive to the needs of a changing world’ and fostering collegiality and collaboration through creating enabling facilities of ‘productive partnerships and networks beyond the confines of disciplinary and geographic boundaries’. It aligns with the following strategic areas:

• Goal area 1: The learners’ experience
The course will expose learners to a revisionist experience of law and lay the foundations to apply theoretical knowledge in their daily work. The curriculum is up-to-date to meet their professional work and enable their growth and development at personal and institutional levels.
• Goal area 2: Learning and teaching
The course will promote learning and teaching in an area where there is a growing need for a
curriculum that is responsive to addressing problematic issues in African customary law by preparing researchers and practitioners to contribute to finding solutions towards a more equitable and just society. The course will develop critical thinking skills about the current debates on African customary law and the role of judges in this regard, as well as enable participants to contribute to law reforms. Learners will attain the skills and knowledge required for constructive change-making in their homes and workplaces.
• Goal area 4: Excellent talent
The short course will promote learning in a specialised but much-needed evolving area of African Customary law. The course will build talent by attracting a diverse group of professionals in this learning area to UWC and equipping them with analytical skills and knowledge that they can apply in their respective workplaces and institutions.
• Goal area 5: Financial sustainability
This new course is an initiative to secure an income stream in a cross-cutting subject area where there is currently a lacuna in South Africa.

Alignment with the UN Sustainable Development Goals:
• Proper recognition of African customary law is important for addressing issues of gender equality and empowerment of women and girls (SDG 05).
• The course is useful for inclusive and equitable quality education and lifelong learning opportunities for all (SDG 04).
• The relationship between African customary law and human rights will promote peaceful and
inclusive societies for sustainable development, access to justice for all, and effective, accountable, and inclusive institutions (SGD 16).
• Finally, the historical development of customary land tenure will broaden participants’ understanding of inequality within and outside South Africa (SDG 10).