Customary Law in a New South Africa: A Proposal

This Article explores avenues open to South African politicians and jurists in their search for a more equitable South Africa. Part I examines the international position of customary law. Part II considers the treatment of customary law elsewhere in Africa and gives particular attention to unification of laws and legal systems. Part III reviews the experiences of legal dualism in South Africa's neighbors, Botswana, Lesotho, and Swaziland.

Part IV discusses customary law in South Africa. Part V contends that although the unification of laws is a desirable long-term goal for South Africa, at present it is impractical. Part V also suggests that an integration model that combines elements of dualism and unification is the most prudent solution to the problems presently facing South Africa's legal system.