The place of African Customary law in South African law PL Ndlovu

The place of African Customary law in South African law

African Customary law is the indigenous law practiced by African communities before the advent of colonialism. Customs, traditions, and practices which constitute cultural practices shaped the social and legal relations of the people, regulating spheres of life such as marriage, succession and inheritance, guardianship of minors and the social outcasts as well as matters of ascension to positions of leadership, authority and influence.
African Customary law was adopted and adapted by European imperial agents such as Theophilus Shepstone, Lord Lugard and Karl Peters in various parts of the continent in order to advance the colonial interests in various ways. To minimise costs, the imperialists employed African Customary law systems to administer occupied territories through the use of kings, queens, chiefs, headmen, and other traditional leaders to enforce colonial programmes on the people. In some instances, legitimate African leaders were replaced by pliable substitutes who were readily willing to enforce colonial authority in exchange for leadership to which they were hitherto not entitled to.
As a result, African Customary law was adulterated and altered to meet colonial expedience to the point that the present versions of law different significantly from its original configurations.