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Top judge urges recognition of customary law

Publish date: 11 June 2018
Issue Number: 777
Diary: IBA Legalbrief Africa
Category: South Africa

Deputy KwaZulu-Natal Judge President Isaac Madondo believes it is time that customary law received appropriate treatment and recognition as a constitutionally recognised source of law. The Witness reports Madondo was speaking ahead of his official book launch in Pietermaritzburg last week. Titled Role of Traditional Courts in the Justice System, the self-published book focuses on customary law practice and the Constitution and also on the role of traditional courts in the justice system, acting within the Constitution. Said the judge: ‘We are no longer living like in the olden days, there are a number of changes and people are living together and so on. It is time now that customary law receives appropriate treatment … it regulates the lives of millions of people in SA.' He added: ‘Everybody must be conversant with it now because it can’t be wished away. It is part of law. It applies throughout with no limitation … the distinction is that it allows more than one marriage.’

Full report in The Witness (subscription needed)