ABSTRACT
The first democratic elections in South Africa, held in 1994, symbolically marks the changeover from the colonial order of apartheid based on racial and ethnic segregation towards a new democratic era. This transition brought about a profound legal transformation. Customary law in Africa and elsewhere can be defined as a constantly evolving, usually unwritten and often partly uncertain normative order observed at any given moment of time within a population, having been formed by regular social behaviour and the development of an accompanying sense of obligation. While the Constitution thus provided the foundation for formally recognizing customary law in post-apartheid South Africa, further legislation specifically dealing with traditional authorities and customary law has only emerged since the early 2000s. Various provincial legislations were enacted as required by the Traditional Leadership and Governance Framework Act, which spelled out the conditions, rights, and duties of traditional authorities within provincial boundaries.
