AJ 2 Lecture Notes - Lecture 28: Lobolo, Khayelitsha, Testator

• School: Irvine Valley College
• Department: Administration of Justice
• Course: AJ 2
• Professor: Jones

Document Summary

There is a tendency to integrate different communities into the legal system of the dominant group so that no further conflicts arise. After a few decades, the conflict is resolved through social integration. Communities tend to keep to themselves when conducting marriages and business transactions. Here, they avoid most of the pitfalls of conflicting laws. African communities continue to respect each other"s cultures after integration. By allowing diversity in the context of unity, conflicts involving cultural tradition is minimised. Conflict of laws problems often arise when a spouse comes from a different community. In such conflicts, there is obviously no single rule applicable to every situation and customary law system: court may have to decide the conflict rule on a case-to-case basis. There can be conflicts within one community too. This includes issues such as the status of the bride and their children, and their relationship with the rest of the clan.