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Customary Law In South Africa
South African customary law refers to a 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. Most African states follow a pluralistic form of law that includes customary law, religious laws, received law (such as common law or civil law) and state legislation. The South African Constitution recognizes traditional authority and customary law under Section 211. A ruling under '' Bhe v. Magistrate, Khayelitsha'' specified that customary law was "protected by and subject to the Constitution in its own right." Customary la ...
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Codification (law)
In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law. Codification is one of the defining features of civil law jurisdictions. In common law systems, such as that of English law, codification is the process of converting and consolidating judge-made law or uncodified statutes enacted by the legislature into statute law. History Ancient Sumer's Code of Ur-Nammu was compiled ''circa'' 2050–1230 BC, and is the earliest known surviving civil code. Three centuries later, the Babylonian king Hammurabi enacted the set of laws named after him. Important codifications were developed in the ancient Roman Empire, with the compilations of the Lex Duodecim Tabularum and much later the Corpus Juris Civilis. These codified laws were the exceptions rather than the rule, however, as during much of ancient times Roman laws were left mostly uncodified. The firs ...
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Transvaal Colony
The Transvaal Colony () was the name used to refer to the Transvaal region during the period of direct British rule and military occupation between the end of the Second Boer War in 1902 when the South African Republic was dissolved, and the establishment of the Union of South Africa in 1910. The borders of the Transvaal Colony were larger than the defeated South African Republic (which had existed from 1856 to 1902). In 1910 the entire territory became the Transvaal Province of the Union of South Africa. History Both the Boer republics, the South African Republic (ZAR) and the Orange Free State were defeated in the Anglo-Boer War and surrendered to the UK. The peace treaty (Treaty of Vereeniging) contained the following terms: # That all burghers of the ZAR and Orange Free State lay down their arms and accept King Edward VII as their sovereign. # That all burghers outside the borders of the ZAR and Orange Free State, upon declaring their allegiance to the King, be transpo ...
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Gender Equality
Gender equality, also known as sexual equality or equality of the sexes, is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making; and the state of valuing different behaviors, aspirations and needs equally, regardless of gender. Gender equality is the goal, while gender neutrality and gender equity are practices and ways of thinking that help in achieving the goal. Gender parity, which is used to measure gender balance in a given situation, can aid in achieving gender equality but is not the goal in and of itself. Gender equality is more than just equal representation, it is strongly tied to women's rights, and often requires policy changes. , the global movement for gender equality has not incorporated the proposition of genders besides women and men, or gender identities outside of the gender binary. UNICEF says gender equality "means that women and men, and girls and boys, enjoy the sa ...
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Bantu Authorities Act, 1951
The Bantu Authorities Act, 1951 (Act No. 68 of 1951; subsequently renamed the Black Authorities Act, 1951) was to give authority to Traditional Tribal Leader within their traditional tribal homelands in South Africa. This legislation, succeeding the Native Affairs Act (Act No. 23 of 1920), created the legal basis for Self Determination of the various ethnic and linguistic tribes into traditional homeland reserve areas and established tribal, regional and territorial authorities. This Act was augmented by the Bantu Homelands Citizens Act of 1970. The law established a basis for ethnic government in African homeland reserve areas. All political rights (including voting) held by Africans were restricted to the designated homeland. Many years after the end of apartheid, and with a new framework for traditional leadership present in South African governance, the act became obsolete, and it was formally repealed in 2010, 59 years after it was enacted See also * Apartheid in South Af ...
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Apartheid
Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was characterised by an authoritarian political culture based on ''baasskap'' (boss-hood or boss-ship), which ensured that South Africa was dominated politically, socially, and economically by the nation's minority white population. According to this system of social stratification, white citizens had the highest status, followed by Indians and Coloureds, then black Africans. The economic legacy and social effects of apartheid continue to the present day. Broadly speaking, apartheid was delineated into ''petty apartheid'', which entailed the segregation of public facilities and social events, and ''grand apartheid'', which dictated housing and employment opportunities by race. The first apartheid law was the Prohibition of Mixed Marriages ...
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National Party (South Africa)
The National Party ( af, Nasionale Party, NP), also known as the Nationalist Party, was a political party in South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ... founded in 1914 and disbanded in 1997. The party was an Afrikaner ethnic nationalist party that promoted Afrikaner interests in South Africa. However, in 1990 it became a South African civic nationalist party seeking to represent all South Africans. It first became the governing party of the country in 1924. It merged with its rival, the SAP, during the Great Depression, and a splinter faction became the official opposition during World War II and returned to power and governed South Africa from 4 June 1948 until 9 May 1994. Beginning in 1948 following the 1948 South African general election, general electi ...
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Native Administration Act, 1927
According to the Native Administration Act, 1927 (Act No. 38 of 1927; subsequently renamed the Bantu Administration Act, 1927 and the Black Administration Act, 1927), the Governor-General of South Africa could "banish" a 'native' or 'tribe' from one area to another whenever he deemed this 'expedient or in the general public interest'. This Act set up a separate legal system for the administration of African law and made the proclaimed Black areas subject to a separate political regime from the remainder of the country, ultimately subject only to rule by proclamation, not parliament. The central imperative behind the Act was to establish a strong enough system of national 'native administration' to contain the political pressures that were likely to result from the legislative measures necessary for the implementation of territorial segregation. It was, together with the Native Affairs Act, 1920, part of a process of transferring power over the regulation of African life from Parli ...
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Bride Price
Bride price, bride-dowry (Mahr in Islam), bride-wealth, or bride token, is money, property, or other form of wealth paid by a groom or his family to the woman or the family of the woman he will be married to or is just about to marry. Bride dowry is equivalent to dowry paid to the groom in some cultures, or used by the bride to help establish the new household, and dower, which is property settled on the bride herself by the groom at the time of marriage. Some cultures may practice both simultaneously. Many cultures practiced bride dowry prior to existing records. The tradition of giving bride dowry is practised in many Asian countries, the Middle East, parts of Africa and in some Pacific Island societies, notably those in Melanesia. The amount changing hands may range from a token to continue the traditional ritual, to many thousands of US dollars in some marriages in Thailand, and as much as a $100,000 in exceptionally large bride dowry in parts of Papua New Guinea where br ...
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Polygamy
Crimes Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is married to more than one husband at a time, it is called polyandry. In contrast to polygamy, monogamy is marriage consisting of only two parties. Like "monogamy", the term "polygamy" is often used in a ''de facto'' sense, applied regardless of whether a state recognizes the relationship.For the extent to which states can and do recognize potentially and actual polygamous forms as valid, see Conflict of marriage laws. In sociobiology and zoology, researchers use ''polygamy'' in a broad sense to mean any form of multiple mating. Worldwide, different societies variously encourage, accept or outlaw polygamy. In societies which allow or tolerate polygamy, in the vast majority of cases the form accepted is polygyny. According to the ''Ethnographic A ...
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Cape Colony
The Cape Colony ( nl, Kaapkolonie), also known as the Cape of Good Hope, was a British Empire, British colony in present-day South Africa named after the Cape of Good Hope, which existed from 1795 to 1802, and again from 1806 to 1910, when it united with three other colonies to form the Union of South Africa. The British colony was preceded by an earlier corporate colony that became an Dutch Cape Colony, original Dutch colony of the same name, which was established in 1652 by the Dutch East India Company, Dutch East India Company (VOC). The Cape was under VOC rule from 1652 to 1795 and under rule of the Napoleonic Batavian Republic, Batavia Republic from 1803 to 1806. The VOC lost the colony to Kingdom of Great Britain, Great Britain following the 1795 Invasion of the Cape Colony, Battle of Muizenberg, but it was acceded to the Batavian Republic, Batavia Republic following the 1802 Treaty of Amiens. It was re-occupied by the British following the Battle of Blaauwberg in 1806 ...
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Bambatha Rebellion
The Bambatha Rebellion (or the Zulu Rebellion) of 1906 was led by Bambatha kaMancinza (c. 1860–1906?), leader of the Zondi clan of the Zulu people, who lived in the Mpanza Valley (now a district near Greytown, KwaZulu-Natal) against British rule and taxation in the Colony of Natal, South Africa. Overview In the years following the Anglo-Boer War, British employers in Natal had difficulty recruiting Black farm workers because of increased competition from the gold mines of the Witwatersrand. The colonial authorities introduced a poll tax £1 () in addition to the existing hut tax to pressure Zulu men to enter the labour market. Bambatha had occasionally been in trouble with the Natal colonial administration, and the authorities suspected that he had joined with other chiefs in expressing discontent over the tax. He was summoned to Greytown, but, fearing arrest, did not attend. He realised that the administration was intent on crushing dissent and fled to Zululand to consu ...
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Free State (province)
The Free State, known as Orange Free State until the 28th of June 1995 when its name was changed, is a province of South Africa. Its capital is Bloemfontein, which is also South Africa's judicial capital. Its historical origins lie in the Boer republic called the Orange Free State and later Orange Free State Province. History The current borders of the province date from 1994 when the Bantustans were abolished and reincorporated into South Africa. It is also the only one of the four original provinces of South Africa not to undergo border changes, apart from the reincorporation of Bantustans, and its borders date from before the outbreak of the Boer War. Law and government The provincial government consists of a premier, an executive council of ten ministers, and a legislature. The provincial assembly and premier are elected for five-year terms, or until the next national election. Political parties are awarded assembly seats based on the percentage of votes each party receive ...
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