Answer to Question #238122 in English for Mama

Question

2.1 Explain how the repugnancy clause limited the application of indigenous African law (1)

2.2 Which Act, promulgated in 1927 , contained the repugnancy clause ? (1)

2.3 Is the repugnancy clause still applicable today ? (2)

2.4 What does the Constitution of the Republic of South Africa ,1996 say about the status of indigenous African law ?

Answer 1

Question 2.1

Nigerian courts have implemented the theory similarly in many decisions in substantive law, which has had a significant effect on customary law standards. Many of the conventional law norms that violated the clause were either changed or eliminated.

Question 2.2

The Law of Evidence Amendment Act 45 of 1988

Question 2.3

The so-called "repugnancy proviso" has not been used by South African courts in several years. It has been abolished in other southern African countries due to its imperial roots.

Question 2.4

The drafting of a new law was an essential component of the talks to abolish apartheid in South Africa. One of the primary points of contention was how such a constitution would be approved. The African National Congress (ANC) insisted on a democratic means elected constituent installation drafting it.