The title of this thesis is: The Customary Law of Intestate Succession. The African customary law relating to intestate succession has always been known to discriminate against women. The thesis therefore focuses on the customary law of intestate succession in the countries of South Africa, Ghana and Swaziland and the inroads they have made in improving the rights of women in this discriminatory field of African customary law. This thesis consists of six chapters. Chapter 1 introduces the reader to the topic of the research. It highlights the organisation of the intended research which comprises: a statement of the problem, the legal framework, research methodology and a summary of the chapter. Chapter 2 defines the general terms and concepts used in the customary law of intestate succession. This facilitates an understanding of the general principles comprising the body of law known as the customary law of intestate succession and lays the foundation for the country specific issues that are investigated in the following chapters. Chapter 3 discusses the recognition, application and development of the customary law of intestate succession in the country of South Africa. Chapter 4 considers the rules and laws of the customary law of intestate succession in the West African country of Ghana. Chapter 5 explains the current rules and laws of the customary law of intestate succession prevailing in the Kingdom of Swaziland. Finally, chapter 6 brings the thesis to a meaningful end, by criticizing the approaches adopted by the countries of South Africa, Ghana and Swaziland in improving the rights of women as far as the customary law of intestate succession is concerned. The chapter also presents various recommendations for improving the rights of women in this discriminatory field of the law. / Public, Constitutional, and International / LL. D.

In this study, Mapulana male learners’ views on the influences of cultural initiation on their schooling were researched. Rite of passage was adopted as the theorisation for the study. In the context of the study, a rite of passage is when uninitiated male learners (mashoboro) go through the initiation process. Thereafter, their status of being boys is converted to becoming men (monna) through a transition (passage). Likewise, normal schooling is also a rite of passage, and Grades 1 to 12 are interrupted by another form of schooling, initiation, as a rite of passage. This study was motivated by the tension that was observed between the legal and customary, democratic and cultural, and formal and informal schooling. The study was qualitative in nature and rooted in the interpretive paradigm. Semi-structured interviews were employed to understand the Mapulana male learners’ views on the influences of cultural initiation on their schooling. It was found that the operation of initiation schools in Mpumalanga conflicted with the school calendar and this ultimately influenced schooling. Much of this could be attributed to the loopholes in policies governing initiations. This study can capacitate the Mpumalanga Department of Education (MDoE) about possible policy amendments. I recommend that parents raise this problem with principals through school governing bodies (SGBs) and that it be brought to the attention of the MDoE. The authorities should come to an agreement that prospective initiates should undergo medical circumcision before they go into cultural initiation performed in the bush. I also recommend that the above stakeholders should only allow male learners who are less than 15 years of age or those learners who are still in Grades 8 to 11 to undergo cultural initiation. The school management team (SMT) should help male learners who were away for initiation (initiates) with catch- up programmes. The MDoE must work hand-inglove with the Department of Health, Department of Cooperative Governance, Human Settlements and Traditional Affairs (CoGTA), and law enforcement agencies to prevent male Mapulana learners from being left behind in the curriculum. It must be ensured that learners’ health comes first and that initiation principals strictly adhere to policies governing initiation schools. / Dissertation (MEd)--University of Pretoria 2020. / pt2021 / Humanities Education / MEd / Unrestricted

Submitted in partial fulfilment of the requirements for the Degree Doctor of Philosophy in the Department of African Languages in the Faculty of Arts at the University of Zululand, South Africa, 2003. / Nowadays marriage, especially the European civil marriage is considered as holiest-of holiest, as looked against the customary or traditional marriage. It is thus why Umtsimba-the traditional bridal party-is looked down upon. Indeed those who marry the customary way are considered as barbarians who know nothing, uneducated. This is because we have taken as respectable, the civil marriage-which according to the European culture as Christian marriage, and yet even that, is the same as the customary or traditional marriage because people marry one another. What appears, and which also is irrefutable truth, is that civil marriage IS In accordance with European culture religion which has been attached to European religion. Evidence of this is that the civil marriage, begins in court and, when divorce occurs, ends in court. What makes customary marriage to be looked down upon is that all African things are despised, yet there are no laws prohibiting that which is intrinsically traditional custom of the African people. CHAPTER ONE expresses the aims of this research, which also is what caused that it and all that has been done in this chapter, be written. Even the enthusiasm that caused the writing of this research, has been adequately displayed. The methods used to obtain suffident information concerning this research have also been thoroughly explained. CHAPTER TWO deals with the weather conditions, more especially that of Mphumalanga and Swaziland areas where most Swazis are found. A short story on the origins of the Swazis has also been given. The Christian faith as well as traditional religion. CHAPTER THREE concerns the different categories (in the social structure) so that different should be known between intfombi (maiden), makoti (young Wife), umlobokati (the betrothed), malukatane (daughter-in-law) and umfati (woman / Wife). The various designations have been given in years so that it can be easier to understand the differences relative their social development. CHAPTER FOUR deals deeply into all that relates to the Swazi umtsimba as it is. Falling in love / getting married of the umlobokati (the one who has been lobolwared), kuhlambisana kwetinkhomo (the reciprocal acknowledgement relationships by the families concerned) have been adequately explained. CHAPTER FIVE clearly explains what happens after the intfombi have been married. The lobola cattle have been explained as well as why lobola has to be paid. The kushiswa kwetinyongo (the burning of the gallbladders) winds up the whole umtsimba ceremony. CHAPTER SIX sums up the whole research exercise. Recommendations concerning this research show clearly what is commendable and should be maintained in order to preserve and keep the Swazi culture intact. The whole exercise stands on this that people must get back to their own customs, if culture, and let alone customs from foreign cultures. Let the people celebrate umtsimba because this is their way of getting married. = Kulamalanga lesiphila kuwo umshado ikakhulu Iona wesilumbi utsatfwa njengal<:mgcwelengcwele kunalona wesintfu. Kungako umtsimba sewunyembenywa nje. Vele labatekana ngendlela yesintfu batsatfwa njengemacaba langati lutfo. Ingani umshado wesilumbi lolisiko labo belumbi kepha lesesiwutsatsa ngekutsi uyinkholo, uhlonishwa kakhulu kube nanawo uyefana nalowesintfu ngobe kusuke kutekwana. Lokuvelako futsi lokulidniso lelingeke nani laphikiswa kutsi umshado wesilumbi ulisiko lesilumbi leleyanyiswe nenkholo yesilumbi. Bufakazi baloko kutsi umshado wesilumbi ucala enkantolo nanome sekwehlukanwa futsi uphelela khona. Lokwenta kutsi kutsatsana ngesintfu kubukelwe phansi kutsi vele tonkhe tintfo tesintfu tibukelwa phansi kantsi ayikho nemitsetfo levikela loku lokuyinsila yebantfu SEHLUKO SEKUCALA sibeka ebaleni inhloso yalolucwaningo. Lekungiko lekwenta kutsi kubhalwe lolucwaningo nako kuvetiwe kulesehluko. Inshisekelo lenta kutsi kubhalwe lolucwaningo nave ibhaliwe ngalokwanele. Tindlela lekusetjentiswe tona kute kutsi kutfolakale Iwati lolwanele ngalolucwaningo nato tibhaliwe ngalokuphelele. SEHLUKO SESIBIU sibuke simo selitulu ikakhulukati, sendzawo yaseMphumalanga naseSwatini lapho kutfolakala khona emaSwati lamanyenti. Umlandvo lomfisha ngemvelaphi yemaswati nawo uchaziwe. EmaSwati bantfu lebalandzela inkholo yebuKhristu nenkholo yesintfu. SEHLUKO SESITSATFU sicondzene netigaba tebantfu ngekwehlukana kwabo. Tigaba tehlukanisiwe kuze bawati umehluko lokhona emkhatsini wentfombi namakoti, umlobokati, malukatane kanye nemfati. Tigaba talabadvuna nato tichaziwe ngekwehlukana kwato. Tigaba tebantfwana tehlukanisiwe ngeminyaka khona kutewubalula kucondzisisa kahle umehluko. SEHLUKO SESINE sijule kakhulu emtsimbeni unjalo. Kugana kwemlobokati, kuhlabisana ngalokuphelele. wonkhe wesiSwati njengobe kwetinkhomo kuchaziwe SEHLUKO SESIHLANU seneka ebaleni lekwentekako nangabe intfombi seyitekiwe. Tinkhomo temalobolo tichaziwe kanye nekutsi kulotjolelwani. Kushiswa kwetinyongo kusonga wonkhe umtsimba kutsi sewuphelele. SEHLUKO SESITFUPHA sisonga wonkhe umsebenti welucwaningo sewuphelele. Tincomo ngalolucwaningo tikuveta ebaleni lekutusekako lekumele kutsi kulandzelwe kute kutsi emasiko esiSwati ahlale agcinekile. Lomsebenti wonkhe ume ekutseni bantfu ababuyele emasikweni abo bayekele emasiko ebantfu bekuchamuka. Bantfu ababuyele bagidze umtsimba wesintfu ngobe ngiyona ndlela yabo yekuteka umfati.

<p>On the assumption that the Bill of Rights in the Malawi Constitution has brought change in the enjoyment of rights by women married under customary family laws, this research study examines its impact on African customary family laws that are discriminatory against women in Malawi. The main focus is on customary family laws governing marriage, divorce, children after divorce, and inheritance in both patrilineal and matrilineal systems of marriages. The extent to which this has been reflected in practice is assessed in the light of women&rsquo / s rights law reforms and courts&rsquo / adjudication of customary family law issues.</p>

<p>On the assumption that the Bill of Rights in the Malawi Constitution has brought change in the enjoyment of rights by women married under customary family laws, this research study examines its impact on African customary family laws that are discriminatory against women in Malawi. The main focus is on customary family laws governing marriage, divorce, children after divorce, and inheritance in both patrilineal and matrilineal systems of marriages. The extent to which this has been reflected in practice is assessed in the light of women&rsquo / s rights law reforms and courts&rsquo / adjudication of customary family law issues.</p>

Doctor Legum - LLD / South Africa

In this thesis it is intended to show, among other things, the evolution of the Ciskeian traditional African Court practice and procedure from the time of the advent of white rule up to the present day. In chapter two we show the manner in which the various Cape Governors tried to suppress the traditional court system and law by superimposing western type law and norms (repugnancy clause) on the unwilling African population. The case law discussed in chapter 3 clearly shows the problems that arose and which to a large extent, still arise in the application of the Chiefs' Civil Courts Rules. Non-compliance with these rules reveals the need both for the training of the personnel of these courts and reform of the rules governing the Chief's courts. The areas that need urgent attention have been identified and the necessary recommendations have been made.

This study examines the role of customary courts in the delivery of justice in South Sudan. In doing so, it analyses the legal background, the hierarchy and composition of the customary courts. The considerations behind the constitutional recognition of the customary law courts in the current constitutional dispensation and the jurisdiction of customary courts are limited to customary matters and only criminal cases with a customary interface. It is noted that the customary Judges do not only exercise judicial functions but also play executive and legislative functions which contravene the constitutional principle of separation of powers. Reconciliation and compensation are noted as the major principles applied in the customary law courts. The major concern is that most practices in the customary law courts violate fundamental human rights. / Public, Constitutional and International Law / LLM

This study examines the role of customary courts in the delivery of justice in South Sudan. In doing so, it analyses the legal background, the hierarchy and composition of the customary courts. The considerations behind the constitutional recognition of the customary law courts in the current constitutional dispensation and the jurisdiction of customary courts are limited to customary matters and only criminal cases with a customary interface. It is noted that the customary Judges do not only exercise judicial functions but also play executive and legislative functions which contravene the constitutional principle of separation of powers. Reconciliation and compensation are noted as the major principles applied in the customary law courts. The major concern is that most practices in the customary law courts violate fundamental human rights. / Public, Constitutional and International Law / LL. M.

Lee Wai Kim. / Thesis (M.Phil.)--Chinese University of Hong Kong, 1999. / Includes bibliographical references (leaves 154-162). / Abstracts in English and Chinese. / Abstract --- p.I-V / Introduction --- p.1-9 / Chapter Chapter I: --- The Structure of Land Tenure in English Customary Law: The Origins of the Common Law Property --- p.10-52 / Chapter Chapter II: --- The Institutional Foundations of English Law: The Administration of Justice under Henry I --- p.53-95 / Chapter Chapter III: --- The Royal Jurisdiction and the Transformation of Legal Procedure from Leges Henrici Primi to Glanvill --- p.96-142 / Conclusion --- p.143-153 / Bibliography --- p.154-162