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22 Cards in this Set
- Front
- Back
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The law of human relationships |
emphasis on duties rather than rights |
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Public law |
1. legal relations between a governmentand its subjects, and
2. relations among the different partsof government i.e. legislative , executive andjudicial organs |
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Private law |
1. legal relations between individualsand groups in capacity as private persons .
2. Maintenance of order is supported bymeans of approving and disapproving legal sanctions |
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Sanction |
approval orconfirmation of an act;
and/orPunishment ofnoncompliance with i.e. statutes or behavioral prescriptions. |
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customary law’
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implies that law originated fromcustom only;
In indigenouslaw, tribal legislation and edicts of chiefs (traditional leaders) and kingsalso constitute an important source of origin;“customary law”now synonymous with “indigenous law” |
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Divisions of customary law |
National law and international law |
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National Law governs , within acertain state,
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the relations among subject as wellas foreigners;
the relations between subjects andgovernment |
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International law, governs
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The relationship between states |
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Inter-tribal law
(“indigenous international law”) |
1. agreements entered into betweentribes to help one another against communal enemies; and
2. marriages between tribal chiefs andwomen from ruling families of othertribes = sporadic barter between tribes |
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Private Law in Western Systems hasseven subdivisions
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1. Law of persons 2.Family law 3. law of things 4. law of immaterial property 5. law of obligation 6. law of succession 7. law of personality |
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Public law is subdivided into |
1. indigenous constitutional and administrative law 2. indigenous adjudicatory organs and the law of procedure 3. indigenous criminal law |
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Substantivelaw
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prescribes to norms or requirements, andattached sanctions (i.e. approval or invalidity of unlawfulness) to these.
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Adjectivallaw or law ofprocedure and evidence
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prescribes the manner in which norms are to beenforced and sanctions are to be applied.
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Main groups of SA, Botswana, Lesotho andSwaziland, based on language and culture are
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1. TheNguni Group
2.TheSotho Group 3.TheVenda 4.TheShangana-Tsonga |
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The Nguni group
Most important languages |
Zulu, Xhosa Swazi Ndebele |
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The Nguni group
Original areas |
1.Zulu speaking groups – KwaZulu Natal· 2.Xhosa-speaking groups : Eastern Cape(Ciskei and Transkei
3. Swazi-speaking groups : Swazilandand Mpumalanga 4.Ndebele-speaking groups :Mpumalanga, north east of Pretoria |
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The Nguni group
Characteristicsstyle |
1.Composite household divided into twoor three sections
2.Each section has a senior wife withsubordinate wives 3.Each wife in a section formed a‘house’ with its own rank, property and successor 4. Still found inrural areas, but in urban areas, a man who has more than one wife, the wiveslive in separate houses |
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The Sotho groups ·
Most important languages |
1. Tswana,
2.Northern Sotho, 3. Southern Sotho |
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The Sotho groups · Original areas |
1.Tswana speaking groups – Botswana,the North West and parts of Northern Cape
2.Northern Sotho-speaking groups –Northern Province 3.Southern Sotho-speaking groups –Lesotho and Free State |
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The Sotho groups
Characteristics |
1.Household is not divided intosections 2.Each married woman has a certainrank, and her house has its own identity, property and successor
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The Shangana-Tsonga groups
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1.Main group is referred to as the“Tsonga” or “Shangana”
2.Originally settled in NorthernProvince and Mpumalanga – adjacent to Mocambique |
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The Venda |
1.Originally settled in thenorth-eastern part of the Northern Province
2.Language is called “venda” 3.Have historical links with theShona-speaking people of Zimbabwe |
