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22 Cards in this Set

  • Front
  • Back

The law of human relationships

emphasis on duties rather than rights

Public law

1. legal relations between a governmentand its subjects, and

2. relations among the different partsof government i.e. legislative , executive andjudicial organs

Private law

1. legal relations between individualsand groups in capacity as private persons .

2. Maintenance of order is supported bymeans of approving and disapproving legal sanctions


approval orconfirmation of an act;
and/orPunishment ofnoncompliance with i.e. statutes or behavioral prescriptions.
customary law’
implies that law originated fromcustom only;

In indigenouslaw, tribal legislation and edicts of chiefs (traditional leaders) and kingsalso constitute an important source of origin;“customary law”now synonymous with “indigenous law”

Divisions of customary law

National law and international law

National Law governs , within acertain state,
the relations among subject as wellas foreigners;
the relations between subjects andgovernment
International law, governs

The relationship between states

Inter-tribal law
(“indigenous international law”)
1. agreements entered into betweentribes to help one another against communal enemies; and

2. marriages between tribal chiefs andwomen from ruling families of othertribes = sporadic barter between tribes

Private Law in Western Systems hasseven subdivisions

1. Law of persons

2.Family law

3. law of things

4. law of immaterial property

5. law of obligation

6. law of succession

7. law of personality

Public law is subdivided into

1. indigenous constitutional and administrative law

2. indigenous adjudicatory organs and the law of procedure

3. indigenous criminal law

prescribes to norms or requirements, andattached sanctions (i.e. approval or invalidity of unlawfulness) to these.
Adjectivallaw or law ofprocedure and evidence
prescribes the manner in which norms are to beenforced and sanctions are to be applied.
Main groups of SA, Botswana, Lesotho andSwaziland, based on language and culture are
1. TheNguni Group

2.TheSotho Group



The Nguni group

Most important languages





The Nguni group

Original areas

1.Zulu speaking groups – KwaZulu Natal· 2.Xhosa-speaking groups : Eastern Cape(Ciskei and Transkei

3. Swazi-speaking groups : Swazilandand Mpumalanga

4.Ndebele-speaking groups :Mpumalanga, north east of Pretoria

The Nguni group


1.Composite household divided into twoor three sections

2.Each section has a senior wife withsubordinate wives

3.Each wife in a section formed a‘house’ with its own rank, property and successor

4. Still found inrural areas, but in urban areas, a man who has more than one wife, the wiveslive in separate houses

The Sotho groups ·

Most important languages

1. Tswana,

2.Northern Sotho,

3. Southern Sotho

The Sotho groups

· Original areas

1.Tswana speaking groups – Botswana,the North West and parts of Northern Cape

2.Northern Sotho-speaking groups –Northern Province

3.Southern Sotho-speaking groups –Lesotho and Free State

The Sotho groups


1.Household is not divided intosections 2.Each married woman has a certainrank, and her house has its own identity, property and successor
The Shangana-Tsonga groups
1.Main group is referred to as the“Tsonga” or “Shangana”

2.Originally settled in NorthernProvince and Mpumalanga – adjacent to Mocambique

The Venda

1.Originally settled in thenorth-eastern part of the Northern Province

2.Language is called “venda”

3.Have historical links with theShona-speaking people of Zimbabwe