Indigenous law and development

Abstract

Law is often used as a means of social engineering, an analysis of which requires an understanding of the nature, possibilities and limits of law. It is closely related to the way of life of the people it is to serve, it is both dynamic and conservative in nature, and it follows, as well as at times directing, change.

Africa is faced with a plurality of legal systems, posing the need for unification, integration, and modernisation. Indigenous or customary law is often regarded as an obstruction to development in Africa. Since customary law is closely related to the life of the people it serves, it cannot be disregarded in programmes of economic and social development.

Notes

Professor, Department of Anthropology and Indigenous Law, Unisa.