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The laws in Africa have many sides and include key elements like customary, religious, common and civil law and a myriad of legal customaries. The continent is the second-largest in the world and features fifty-six nations. It is the adobe of diverse cultural and legal practices. The cultural, historical aspects influence the legal system in Africa on a large scale.
Before the colonisation, the African laws were mainly influenced by its conventional laws and practices of the aboriginal people. However, there were lots of efforts made to provoke the introduction of European and British Laws with the commencement of Native courts. But such efforts failed, and the foreign laws like common law and civil law became integral to African law system.
On the contrary, the post-colonial era witnessed new laws, development of democratic establishments and necessary steps for enhancing international relations as well.
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Customary Law: The customary law in Africa is mainly about the indigenous people's conventional customs and practices across the country. However, a diversity of such practices by the tribal populations the customary law in the continent is also not the same. Such kind of laws depends on the people living in a specific region and also on their ethnicity. In Africa, the customary laws followed and gained acceptance only after the colonisation and became instrumental in resolving various land and personal disputes.
Western Law: Western law in the African nation is symbolised by the European Civil law and English Common law. Both the laws are the consequences of colonisation, and still, they are relatively similar to foreign laws. However, the implementation of such laws differs from nations to nations, and the formal courts play a great role in maintaining such laws.
Religious Law: considering the vastness, Africa witnesses a mixed religion such as Islam, Christianity, Buddhism and other African traditional religions according to the region and population. In many tribes, foreign religions are prohibited from customary laws. Islamic law or Sharia Law is quite prevalent in the African nations that follow the principles of the Quran. However, the connection between such laws with national law depends completely on the region and state.
The South African law different sources such as common law, legislation or statutes law, judicial precedent law, indigenous law and customs law. All the above sources are highly essential for the lawyers for understanding the concepts and attaining practical importance.
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