Suchergebnisse

Introduction to International Law covers topics such as the history of international law, its sources, subjects and objects, the relationship between international law and municipal law, human rights, economic law, international organizations, international criminal and humanitarian law, peaceful settlement of disputes and the use of force.

"Traditional African beliefs, together with African cultural traditions, are enjoying a new-found respect in South Africa, due in large part to the advent of the country's democratic constitution. In fact, a large majority of the South African population adheres to some form of traditional belief, often in combination with observance of other religions. Even so, the traditional faiths are poorly understood and, in spite of constitutional guarantees, receive far from equal treatment, a situation quite at odds with the country's commitment to equality and religious and cultural diversity. Throughout Africa, there is a strong tendency to confound indigenous beliefs with culture. Because religion is always taken more seriously than culture, this means that traditional beliefs do not attract the respect they deserve. While there are numerous works on the subject of religion in Africa, there are no works on traditional African religions and their legal implications. The issue is nevertheless of serious political and legal concern in South Africa, since it raises diverse questions involving freedom of religion, the equal treatment of religions, traditional healing, witchcraft, animal sacrifice, circumcision, marriage and burial. The overall purpose of the title is to consider whether indigenous African religions, independent African churches and traditional practices deserve constitutional protection and recognition by the state. If recognised, they will then become subject to certain state controls and benefits: the need for registration; the licensing of ministers as marriage officers (with consequences for the validity of customary and other marriages); and significantly, of course, tax exemptions. This title thus explores the legal and constitutional implications of traditional religion and, in particular, the state's intervention in religious matters."--Publisher's description

Der Beitrag beschäftigt sich mit dem Konflikt, der daraus entsteht, daß zwei Rechtssysteme, die Ausdruck verschiedener Kulturen sind, nebeneinander bestehen. Zum einen gilt das englische 'common law', zum anderen das traditionelle afrikanische Recht, soweit es nicht Fragen der kolonialen Administration, der europäischen Moral oder europäischen Rechtsempfindens berührt. (DÜI-Ker)

Since independence from colonial rule, there have been considerable changes in the legal systems of new African nations, reflecting – at least in part – the need to re-establish the position of indigenous customary law in relation to received European law. For many modern Africans, customary law has equivocal significance: all too often, this represents a traditional order, now out of keeping with contemporary social conditions and economic demands, and in addition is imbued with political connotations.

Since the new South African Constitution came into force, most of the discriminatory legislation of the colonial and apartheid eras has been repealed. The Natal Code of Zulu Law (Proc R151 of 1987) and the KwaZulu Act 16 of 1985 on the Code of Zulu Law are notable exceptions. Although particular sections of the Codes violate various provisions in the Bill of Rights, this article argues that the Codes should be repealed in their entirety on the ground that their very existence and their continuing application offend the right to equality in s 9 of the Constitution. The inquiry concentrates on the question whether the discriminatory nature of the Codes is nevertheless fair, and, if unfair, whether it may be justified under s 36 of the Constitution (the limitation clause). A factor considered in both the unfairness inquiry under s 9 and the justification inquiry under s 36 is the purpose of the Codes, both now and at the time of their inception. It is our view that possible arguments based on protection of the right to culture and legal certainty are unlikely to survive constitutional scrutiny, and, accordingly, the Codes should be repealed.