Abstract
This special edition comprises a selection of contributions delivered at a conference hosted by the Chair in Customary Law, Indigenous Values and Human Rights at the University of Cape Town in collaboration with its research partner, the Research Chair on Legal Diversity and Indigenous Peoples at the University of Ottawa, on "The Recording of Customary Law in South Africa, Canada and New Caledonia" in May 2018.
Highlights
The issues of determination of the content of customary law highlighted above have raised a question as to whether there is a need to revisit and investigate models of recording living customary law to make it more accessible and amenable to state and other non-indigenous actors in legal systems where customary law operates
Centre in the Faculty of Law at the University of Namibia. This initiative takes the form of self-restatements of the customary laws of the traditional communities of Namibia
The issue of determining the content of customary law has not in the least abated in post-colonial African legal systems for several reasons, four of which are worthy of note
Summary
The issues of determination of the content of customary law highlighted above have raised a question as to whether there is a need to revisit and investigate models of recording living customary law to make it more accessible and amenable to state and other non-indigenous actors in legal systems where customary law operates. It is this question that prompted the Chair, in collaboration with its research partner, the Research Chair on Legal Diversity and Indigenous Peoples at the University of Ottawa,[11] to organise a conference on "The Recording of Customary Law in South Africa, Canada and New Caledonia" in May 2018.
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