AJ 2 Lecture Notes - Lecture 30: Law Of South Africa, Restorative Justice

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

Document Summary

The south african law commission"s report on conflict of laws warned about the dangers of allowing all courts to apply the customary law of crime. It is a different matter to require other courts to apply the customary law of crime. It has been assumed that the common law should provide a framework for government and control of the population this had not been questioned thoroughly enough in sa yet. To broaden customary criminal law"s scope would pose serious policy questions. Further highlighted the turmoil of applying acl parallel to the legislation and common law. Criminal law tends to be identified with state sovereignty like all public law. Hence, it will be readily accepted that everyone in the country should be subject to the same system of public law. Distinction between customary criminal law and customary law of delict. Customary law is not homogeneous and is generally not a penal system.