THE JUDICIAL INTERPRETATION OF INDIGENOUS LAW AS AN INFERIOR LEGAL
SYSTEM IN POST-APARTHEID CULTURAL JURISPRUDENCE IN SOUTH AFRICA
Dissertation submitted in compliance of the LLM degree
(Socio-economic Rights: Practical and Theory)
By Molatelo Malowa
Student number 29634092
Prepared at the Faculty of Law, Centre for Human Rights, University of Pretoria under the
supervision of Professor Michelo Hansungule
MARCH 2015
, EPIGRAPH
“The approach whereby African law is recognized only when it does not conflict with
principles of public policy or natural justice leads to an absurd situation whereby it is
continuously being undermined and not properly developed by the courts, which rely largely
on ‘experts’”.
Cape Provisional Division Judge President Hlophe in the case of;
Mabuza v Mbatha 2003 (4) SA 218 CPD at 228 C.
2
, DEDICATION
To my parents, Motlatjo Frans Malowa and Mmantlatjo Rosah Malowa, my children Empress,
Culture, Blessed-Lij, Precious and Beauty and all sons and daughters of African soil, those
that are at home and those that are abroad
3
, ACKNOWLEDGEMENTS
I give thanks and praises to the Most High Good God Lord Jah Rastafari who gave me
courage and strength to accomplish my studies from primary level to a tertiary level amidst
high possibilities of dropping-out.
I also acknowledge the unsurpassed dedication and contribution made by my supervisor,
Michelo Hansungule for his perseverance, proverbial patience of Job and wisdom of
Solomon which he displayed in this mini-dissertation. I also thank my advocacy practice staff
member, Kgabo Ledwaba and former professional assistant, Maupye Mashamaite for the
arduous zeal they put in encouraging and contributing to the finalization of this mini-
dissertation. Lastly, but not least, I thank my wife, Salome Portia Malowa for her motivation
and encouragement.
4
SYSTEM IN POST-APARTHEID CULTURAL JURISPRUDENCE IN SOUTH AFRICA
Dissertation submitted in compliance of the LLM degree
(Socio-economic Rights: Practical and Theory)
By Molatelo Malowa
Student number 29634092
Prepared at the Faculty of Law, Centre for Human Rights, University of Pretoria under the
supervision of Professor Michelo Hansungule
MARCH 2015
, EPIGRAPH
“The approach whereby African law is recognized only when it does not conflict with
principles of public policy or natural justice leads to an absurd situation whereby it is
continuously being undermined and not properly developed by the courts, which rely largely
on ‘experts’”.
Cape Provisional Division Judge President Hlophe in the case of;
Mabuza v Mbatha 2003 (4) SA 218 CPD at 228 C.
2
, DEDICATION
To my parents, Motlatjo Frans Malowa and Mmantlatjo Rosah Malowa, my children Empress,
Culture, Blessed-Lij, Precious and Beauty and all sons and daughters of African soil, those
that are at home and those that are abroad
3
, ACKNOWLEDGEMENTS
I give thanks and praises to the Most High Good God Lord Jah Rastafari who gave me
courage and strength to accomplish my studies from primary level to a tertiary level amidst
high possibilities of dropping-out.
I also acknowledge the unsurpassed dedication and contribution made by my supervisor,
Michelo Hansungule for his perseverance, proverbial patience of Job and wisdom of
Solomon which he displayed in this mini-dissertation. I also thank my advocacy practice staff
member, Kgabo Ledwaba and former professional assistant, Maupye Mashamaite for the
arduous zeal they put in encouraging and contributing to the finalization of this mini-
dissertation. Lastly, but not least, I thank my wife, Salome Portia Malowa for her motivation
and encouragement.
4
