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Periodical article | Leiden University catalogue | WorldCat |
Title: | Some reflections on the Natal code |
Author: | Cassim, N.A. |
Year: | 1981 |
Periodical: | Journal of African Law |
Volume: | 25 |
Issue: | 2 |
Pages: | 131-135 |
Language: | English |
Geographic term: | South Africa |
Subjects: | customary law codification |
Abstract: | This article attempts to reflect upon the present state of indigenous customary law in South Africa, more particularly as codified in Natal, and to assess the suitability of the system today, as well as its place in the South African legal order. In spite of arguments forwarded by R. verLoren van Themaat and A.M.R. Ramolefe in favour of the retention of indigenous customary law, it is submitted that there are compelling grounds for the integration of customary law into South African common law. The Natal Code needs reforms and should be reformed to allow the superior courts to mould the law by taking judicial notice of the living law of the people. A combination of a flexible code and an imaginative judiciary could be the forerunner of applicable and justifiable legal norms. Notes. |