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Articles on Customary law

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The Ingonyama Trust has been accused of illegal practices in rural villages in KwaZulu-Natal. Hoberman Collection/Universal Images Group via Getty Images

Zulu land dispute: Ingonyama Trust furore highlights the problem of insecure land tenure for millions of South Africans in rural areas

Land disputes arise when the fundamental principles of customary law are breached. The breach can be at the hands of the state or its representatives.
The Customary Senate, Nouméa, New Caledonia. Eddie Wadrawane

New Caledonia has had an indigenous body advise government since 1999. What can Australia learn?

It’s important to understand that a First Nations consultative body such as the Customary Senate doesn’t pose a ‘threat’ to democracy or the rule of law.
Prince Misuzulu, second from the left, attends the provincial memorial service for his mother, the late Mantfombi Dlamini, at the Khangelakamankegane Royal Palace in Nongoma, in May 2021. AFP via Getty Images

What the Zulu kingship judgment tells us about the future of South African customary law

When judges, legislators, and policymakers neglect the foundational dynamics of indigenous customs, they worsen conflict between indigenous laws and state laws.
One of the problems with traditional courts is that they marginalise women. Rajesh Jantilal/AFP via Getty Images

South Africa’s efforts to fix traditional courts hit a snag

Denying people the right to opt out of the traditional court system conflicts with the notion of customary law as a voluntary and consensual system of law.

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