Customary Law and Received Law in Zambia

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Introduction. In any state, the legal system will reflect a mixture of doctrines, institutions, and practices reflective of that country’s history and politics. In many African countries including Zambia, The legal system includes the influence of not only traditional or customary law but also legal systems adopted during colonialism. The purpose of this eassy is to discuss the interaction of African customary law and received law and its implication for the Zambian Legal system. To achieve this objective, a definition of the important concepts shall be given, an elaborate discussion of the reception of received law and its interaction with African customary law, the implications of this on the Zambian legal system and finally a plausible conclusion will be given. Reception of english law and its interaction with African customary law. The pre-colonial law in Zambia was essentially customary in character, deriving its sources in the tribal practices and customs of the people. “Customary law is the indigenous law of the various ethnic groups of Africa.”1 It is the law derived from traditional practice that has become a part of the accepted and expected conduct in a community is accepted as a legal requirement. An example is that “under customary law it is legal to marry a girl child who has attained puberty.”2 It should be appreciated that the use of the term “"African customary law" does not indicate that there is a single uniform set of customs prevailing in any given country. Rather, it is used as a blanket description covering many different legal systems.”3 The legitimacy of customary law is derived from the concept that it is unchanging and is passed on from generation to generation and is part of people's identity and culture. A great majority of Zambian people confine their behaviours in accordance to customary law which has a great impact in the area
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