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LLM Curriculum

African Law

CML5684F

Course Co-ordinator:

Professor S Mancuso
 

Prerequisites:

See Rules for LLM and MPhil Degrees and Postgraduate Diplomas.

Course outline:

The course aims to provide law graduates, legal professionals and practitioners with the necessary knowledge about African law and its interaction with South African law. This course will cover:

• Law in Africa; the African concept of law; methodology for studying African law; stratigraphic method

• African native law; characteristics and peculiarities; the institutions of African native law; the political power

• The religious layer; Islamic law and its relations with African native law; other religious legal influences

 •Colonial law

• The law of independence; the birth of the new African states; European pattern after the independence; African native law and the independence; religious law and the independence comparison; short presentations

 •Law in Africa in the ‘90s; the fall of the socialist influence in Africa; the patterns imposed by the international financial institutions: aid, development and law in Africa; the resistance of African native law

• Law in the 21st century: legal integration, economic development and the law.

DP requirements:

None.

Assessment:

Class presentation : 10%

Assignment/research paper: 30%

Examination: 60%

The presentation will be on the chosen or given assignment/research paper.