AFRICAN CUSTOMARY LAW > QUESTIONS & ANSWERS > EXAMINATION COVER SHEET Course name: AFRICAN CUSTOMARY LAW | Download for quality grades | (All)

EXAMINATION COVER SHEET Course name: AFRICAN CUSTOMARY LAW | Download for quality grades |

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Question 1 Write a short note in which you critically discuss whether the South African legal system is best described in terms of weak or strong legal pluralism and the semi-autonomous social fiel... d. Your answer should take into account both the legal framework and reality. South Africa’s legal history has been marked by much nuanced complexity, and sports a legal system that is characterized by pluralism. One of the challenges to this pluralism is the governments’ of the different era’s in our history seeking means to implement and adequately accommodate the different legal systems of our nation. Not only was the challenge one of seeking successful accommodation and implementation, but also ensuring congruence in the manner in which these systems of law work together. With this, it can be argued that the South African legal system can best be described in terms of being a combination of both weak and strong in its pluralism. Weak pluralism is of the view that sovereign or state power recognized, validated and supported the different bodies of laws for the different groups in society. Strong or deep legal pluralism is one such that is of the observance that not all law is state law that is administered by a single set of state sponsored institutions. South Africa’s legal system can be argued to be characterized by certain aspects from both types of pluralism. Our legal system is weak in its plurality by virtue of the fact that the state administers the different legal orders of the land, recognizes the cultural and religious legal prescriptions, and applies it according to its adherents who so wish to subject themselves to the said provisions, and the state does so in an inclusive manner with regards to our state legal system [Show More]

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