Question 9
What is the correct term used for African customary
law that has to some extent been recorded in
writing, for example in legislation, court decisions 1.00
and textbooks?
unofficial customary law
living customary law
primary customary law
official customary law

The correct term is “official customary law,” which refers to the body of customary practices that have been recognized and documented through legal frameworks such as legislation, court decisions, and scholarly texts. This recognition helps bridge the gap between traditional practices and modern legal systems, ensuring that the rich cultural heritage is preserved and acknowledged in formal legal contexts.

In practice, official customary law plays a significant role in resolving disputes within communities, guiding matters such as marriage, inheritance, and land rights. By incorporating these customs into formal legislation, societies can create a more inclusive legal system that respects cultural identities while promoting justice and social cohesion. So, it’s not just a matter of formalities—it’s about marrying tradition with contemporary legal principles!