AJ 2 Lecture Notes - Lecture 21: Primogeniture, Natural Justice, John Dunmore Lang

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Document Summary

About one third of south africa"s population lives under tribal authority and acl. Urban people also live under such laws. It is a voluntary system or affiliation; the law and procedures follow this affiliation. Law of the indigenous people of south africa. It is not comparable to having different laws for every religion or culture: scholars are against a race-based classification. Practically, however, it is almost exclusively applicable to black people due to the word indigenous. It applies in both rural and urban areas. Dispute resolution: community, reconciliation, communal duties, ubuntu and more than one person can be at fault. Applied in a flexible manner to achieve the goal or outcome: succession: male primogeniture can be subverted if the first male is deemed to be reckless or wasteful. It changes according to the social changes around it: it is an oral system of law, not a codified one.

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