None.
What are the characteristics of indigenouse law ?
The existence of legislation is essentially de jure whereas customary law exists de facto.Legislation grows out of the theoretical principles but customary law grows out of practise and long existence.legislation as a source is historically much latter as compared to customary law which is oldest form of law.Legislation is an essential characteristic of modern society whereas the customary law has developed through primitive society.legislation is complete, precise, written in form and easily accessible,whereas customary law is mostly unwritten and is difficult to trace.
they apply customary law where it is applicable THE NATURERECOGNITION AND APPLICATION OF SOUTH AFRICAN INDIGENOUS LAW WITHIN THE SOUTH AFRICAN LEGAL SYSTEM
Customary law is based on customs and traditions of a particular community, often passed down orally, whereas common law is based on judicial decisions and precedent established by courts. Customary law is specific to a particular community, while common law is more standardized and applies broadly within a jurisdiction.
Statutory law is always a written law pertaining to a specific region. Custom (or customary law) is a non-written, but generally practised law. For instance, many aboriginal communities around the world incorporate customary law into their society based on historical community standards.
Customary law
He Hong Mu Xiuping has written: 'Indigenous knowledge and customary law in natural resource management'
Hezron Randa has written: 'Problems of interaction between English imposed system of law and Luo customary law in Kenya' -- subject- s -: Common law, Customary law, Law, Luo - Kenya and Tanzania -
State law and customary law are two distinct but interconnected legal systems. State law is formally enacted and codified by legislative bodies, while customary law emerges from established practices and traditions within a community. In many jurisdictions, customary law can be recognized and integrated into the state legal framework, provided it does not conflict with constitutional or statutory provisions. The relationship can vary significantly based on cultural, historical, and legal contexts, with some states fully incorporating customary law and others rejecting it.
I promised to give out the answer after i am done with the research. Walter Mokganya School of Law University of Limpopo. If you get the rest of the answer before me, please let me know. Only the Recognition and Application, by sending an e-mail to mokganyaw@vodamail.co.zaThe Nature of Customary Law(compiled by M.W Mokganya)The nature of customary law is not broad as such, customs which arose from repeated acts of people, some of which customs attained to the marks by which they were later called laws.The nature of customary law has arose in two ways; either by people repeating certain acts till they become habitual, or by some popular authority making decisions on cases voluntarily brought before him. It is convenient to separate these two occasions, but in history they are often connected. For the popular authority, the popular leader to whom appeal was made, interprets the customs which exist among the peoplehttp://wiki.answers.com/Q/The_nature_recognition_and_application_of_south_african_indigenous_law_within_the_south_african_legal_system&action=edit#_ftn1.The involving nature of indigenous law and the fact that its unwritten, have resulted in the difficulty of ascertaining the true indigenous law as practised in the community. This law is sometimes referred to as living indigenous law. Statutes, textbooks and case law, as a result, may no longer reflect the living law. What is more, abuses of indigenous law are at times construed as a true reflection of indigenous law these tend to distorthttp://wiki.answers.com/Q/The_nature_recognition_and_application_of_south_african_indigenous_law_within_the_south_african_legal_system&action=edit#_ftn2.Customary law consists of the indigenous customs of traditional communities.Every ethnic group in Africa has evolved its own discrete customary legal system of rules that are binding on its members. Unlike ordinary social habits and observances, the rules carry along with them local sanctions for their breach. Forthe most part, the rules are unwritten, though efforts are now being made tocompile them in written form.Customary laws are not uniform across ethnic groups. Differences in the customary laws of ethnic groups can be traced to various factors such as language, proximity, origin, history, social structure and economy. For example, the customary law system of an ethnic group in one town may be different from the customary law system of the ethnic group in a neighbouring town even though the two ethnic groups speak the same language. Generally, the customary law rules among ethnic groups speaking a common language tend to be similar, but the rather significant differences that can sometimes exist make it misleading to speak of a uniform customary law rule applicable to all members of the language group.http://wiki.answers.com/Q/The_nature_recognition_and_application_of_south_african_indigenous_law_within_the_south_african_legal_system&action=edit#_ftn3The_nature_recognition_and_application_of_south_african_indigenous_law_within_the_south_african_legal_systemGilbert T Sadler- The relation of custom to LawThe_nature_recognition_and_application_of_south_african_indigenous_law_within_the_south_african_legal_systemPara 154 Bhe v Magistrate of Khayelitsha 2005 (1) SA 580 (CC)The_nature_recognition_and_application_of_south_african_indigenous_law_within_the_south_african_legal_systemPaul Kuruk- African Customary Law and Protection of Folklore-Vol XXXVI,No. 2, 2002
the difference is this is small and that is big
There is no difference. They are the same.