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Customary law in South Africa
South African customary law refers to that usually uncodified legal system developed and practised by the indigenous communities of South Africa. Customary law has been defined as
an established system of immemorial rules () evolved from the way of life and natural wants of the people, the general context of which was a matter of common knowledge, coupled with precedents applying to special cases, which were retained in the memories of the chief and his councilors, their sons and their sons' sons until forgotten, or until they became part of the immemorial rules.〔Bekker 11.〕
Officially, in terms of the Recognition of Customary Marriages Act,〔Act 120 of 1998.〕 "'customary law' means the customs and usages traditionally observed among the indigenous African peoples of South Africa and form part of the culture of those peoples."〔s 1(ii).〕 There is no clear distinction, then, between the religion, the culture and the law of such peoples.
== Constitutional recognition of customary law ==
Although there is the view that colonialists 'invented' customary law as a way to govern natives while under the auspices of paying tribute to their culture and heritage, some other writers have argued that customary law was not so much 'invented' by them, but 'manipulated' so as to conform the actual practices of the natives to their westernised ideals as part of their 'civilising mission'. These writers prefer to view the colonial influence more as 'imagination', rather than 'invention'.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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